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760 EXCISE LAW TIMES [ Vol. 372

(d) currency and negotiable instruments; and
(e) any other kind of movable property.
Rule 7 of the Baggage Rules, 2016 stipulates as under :
“Currency. - The import and export of currency under these rules shall be
governed in accordance with the provisions of the Foreign Exchange Man-
agement (Export and Import of Currency) Regulations, 2015, and the notifi-
cations issued thereunder.”
Section 11(2)(c) of Customs Act, 1962 prohibits import or export of goods for the
purpose of prevention of smuggling.
From the evidence on record it is evident that Indian currency as well as
huge amount of forex Dirham 1,05,410 was recovered from the PAX on 23-9-
2012. The impugned currency was also not declared to the customs officers at the
red channel under Section 77 of Customs Act, 1962 by the PAX.
15. Regulations 3, 5 and 6 of the Foreign Exchange Management (Ex-
port and Import of Currency) Regulations, 2000, states that no foreign currency
can be sent out of India or brought into the country without the permission of the
Reserve Bank of India. The relevant provisions read as follows :-
“3. Export and Import of Indian currency and currency notes. - (1) Save
as otherwise provided in these regulations, any person resident in India,
(a) may take outside India (other than to Nepal and Bhutan) cur-
rency notes of Government of India and Reserve Bank of India
notes up to an amount not exceeding Rs. 5,000/- per person;
(b) may take or send outside India (other than to Nepal and Bhu-
tan) commemorative coins not exceeding two coins each.
Explanation :
‘Commemorative Coin’ includes coin issued by Government
of India Mint to commemorate any specific occasion or event
and expressed in Indian currency;
(c) who had gone out of India on a temporary visit, may bring in-
to India at the time of his return from any place outside India
(other than from Nepal and Bhutan), currency notes of Gov-
ernment of India and Reserve Bank of India notes upto an
amount not exceeding Rs. 5,000/- per person.
5. Prohibition on export and import of foreign currency. - Except as oth-
erwise provided in these regulations, no person shall, without the general
or special permission of the Reserve Bank, export or send out of India, or
import or bring into India, any foreign currency.
6. Import of foreign exchange into India. - A person may -
(a) send into India without limit foreign exchange in any form
other than currency notes, bank notes and travellers cheques;
(b) bring into India from any place outside India without limit
foreign exchange (other than unissued notes) :
Provided that bringing of foreign exchange into India under clause (b) shall
be subject to the condition that such person makes, on arrival in India, a
declaration to the Customs authorities in Currency Declaration Form (CDF)
annexed to these Regulations :
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