ORDER
J.H. Joglekar, Member(T)
1. One Farooq was apprehended with foreign currency equivalent to India Rupees 51.88 Lakhs. He claimed that one Hamid used to buy foreign gold from one Bhavar and used to sell it for foreign exchange. This money was carried by Farooq for being delivered to Bhavar for a commission of Rs.2000/- Farooq was not found In adjudication. Penalty of Rs.5000/- was imposed on Farooq and Rs.15 lakhs on Hameed S/o Beeran Kutty. This application is from Hameed for waiver of predeposit of this penalty.
2. Shri C.R. Hirani submits that Hameed was innocent that he was available and that the Customs have not even filed any complaint against him. Farooq was the principal person on whom very low penalty has been imposed. He further submits that Hameed has no money and is unable to make any predeposit.
3. We have seen the complaint and the judgement in the case of Farooq where the proceeding show Hameed’s involvement also. The complaint however does not make Hameed a co-accused. The reasons for this behaviour of Customs is not known. The reason for low penalty on Farooq is also not known. Purely on the ground of financial hardship we waive the predeposit of penalty imposed on Hameed.
(Pronounced in Court)