2002 (1) TMI 470 - AT - Customs

Customs Act appeal dismissed; recovery of contraband goods upheld with valid confessional statement.

The appeal against the Order-in-Original for confiscation of gold biscuits, foreign currency, and Indian currency under the Customs Act was dismissed. The ... Smuggling - Seizure, of gold and foreign currency - Statement, Confessional - Retraction Issues:Appeal against Order-in-Original for confiscation of gold biscuits, foreign currency, Indian currency, and attachie cases under Customs Act.Analysis:1. Recovery of Contraband Goods:- The appeal was filed against the Order-in-Original confiscating gold biscuits, foreign currency, and Indian currency from the appellant's premises.- The recovery was made from the appellant's house, and the panchnama attested by witnesses confirmed the recovery.- Although some witnesses later denied the recovery location, their credibility was questioned, and the evidence of police officials was deemed reliable.- Lack of corroboration by public witnesses did not affect the admissibility of evidence, especially when police officials' testimony was credible.2. Challenges to Impugned Order:- The appellant challenged the impugned order on grounds of unproven recovery, inadmissible confessional statement, and lack of support from panchnama witnesses.- The Commissioner's order was defended by the JDR, emphasizing its correctness.- The confessional statement of the appellant, recorded at the spot, was accepted as evidence despite later retraction.- The argument of coercion in obtaining the confessional statement was dismissed due to lack of evidence supporting such claims.3. Legal Validity of Confessional Statement:- The confessional statement was upheld as admissible evidence, despite retraction during criminal proceedings.- Precedents cited regarding inadmissibility of confessions in the presence of police officials were deemed inapplicable due to lack of evidence of coercion in this case.- The statement was recorded by customs officers, not police officials, reducing the likelihood of coercion.4. Decision and Upholding of Order:- The recovery of contraband goods, gold biscuits, and currency from the appellant's possession was deemed proven.- The Commissioner's detailed reasoning behind the order was upheld as valid, with no substantial reason found to disagree.- Consequently, the Commissioner's order was upheld, and the appeal was dismissed for lacking merit.This detailed analysis highlights the key aspects of the judgment, including the challenges raised, the evidentiary considerations, and the legal validity of the confessional statement, leading to the final decision to uphold the Commissioner's order.