CESTAT Kolkata Quashes Confiscation of β‚Ή15 Lakh Cash

Date: 16.09.2025

In a landmark decision, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Eastern Zonal Bench, Kolkata, has ruled in favor of the appellant, Appellant in a case involving the confiscation of Indian currency worth Rs. 15,00,000 and the imposition of a penalty under Section 114 of the Customs Act, 1962. ​The judgment, delivered by Hon’ble, Member (Judicial), on September 15, 2025, sets a significant precedent in cases involving alleged illegal currency transportation.

The case originated from an incident on November 20, 2019, when Indian currency amounting to Rs. ​ 15,00,000 was seized from Appellant near Rabindranagar, Tripura, by a joint team of Customs Preventive Force and BSF personnel. The authorities alleged that the currency was intended for illegal export to Bangladesh through the unfenced border area. ​ Subsequently, Appellant claimed ownership of the seized currency, explaining its legitimate source.

A Show Cause Notice was issued to the appellant, citing contradictory statements about the location and circumstances of the seizure. ​ While one part of the notice stated that the currency was recovered near the unfenced border area at 17:45 hours, another part mentioned that a person was apprehended moving suspiciously toward the border at 18:40 hours. ​ These inconsistencies formed the crux of the appellant’s defense.

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