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2010 Supreme(Mad) 4028

T.S.SIVAGNANAM
S. Faisal Khan – Appellant
Versus
The Joint Commissioner of Customs (Air Port), Chennai – Respondent


Advocates Appeared:
For the Petitioner:S.R. Sundar, Advocate.
For the Respondents:M.S. Govindarajan, Advocate.

Judgment :-

1. The prayer in the Writ Petition is for issuance of a writ of certiorarified mandamus to quash the order passed by the third respondent dated 19.2.2003 and direct the respondents to exercise the option of redemption of currency confiscated from the petitioner on 6.5.2000 and refund the penalty collected.

2. The petitioner was intercepted by the Customs Authorities at the departure hall of the Chennai Air Port on 6.5.2000 and on examination of his baggage, the authorities recovered Indian and Foreign currency equivalent to Rs.2,03,358/-. The Customs Authorities recorded a statement from the petitioner under section 108 of the Customs Act, 1962 (herein after referred to as the Act) on 6.5.2000, wherein the petitioner appears to have stated that the money belonged to one Abdullah and he has to hand it over at Singapore to one Rahman for a monetary consideration. Subsequently, personal hearing was given to the petitioner on 16.5.2000, wherein he has not spoken to about any other source for the currency carried by him. After hearing the petitioner, the adjudicating authority ordered absolute confiscation of the currency under section 113 (d) (e) and (h) of the Act and impo










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