FINAL ORDER

20.05.2025

Dictated By: Rajesh Malhotra

The present appeals are filed by the appellants under Section 19 of the Foreign Exchange Management Act, 1999 against Order No. ADJ/01/FEMA/DZ/2017/JD(SM) dated 30.03.2017 passed by the Adjudicating Authority, whereby penalty of Rs.60,000/- and Rs. 2.00 lakhs was imposed on appellants respectively.

2. As per the facts of the case, on 21.05.2007, the officers of Income Tax Department (AIU), New Delhi searched the baggage of Captain G.A. OJEDOKUN at Departure Terminal of IGI Airport, New Delhi, under Section 132 of Income Tax Act, 1961, which resulted in recovery of US $ 22,34,826 and out of the which amount US $ 22,27,800 was seized under panchnama dated 21.05.2007, as per following details.

Captain G.A. OJEDOKUN in his statement dated 21.05.2007 and 06.04.2007 under Section 131 of Income Tax Act, 1961, at the office of DDIT (Inv), Air Intelligence Unit, Terminal-II, Departure Lounge by the officers of Income Tax Department, stated: -

(i) Since February, 2007 he has been working in Nigerian High Commission at New Delhi and getting salary US $ 7,000 per month approximately;

(ii) He was carrying approximately 1.5 million US dollar in his su