2002 (1) TMI 1034 - AT - Customs

Tribunal Overturns Confiscation Order & Penalties, Orders Fresh Examination

VAJARAM Versus COMMISSIONER OF CUSTOMS, JAIPUR

The Tribunal set aside the order for the absolute confiscation of 30 foreign marked gold biscuits and a Jeep under the Customs Act, 1962, directing a ... Smuggling - Gold biscuits - Baggage - Remand Issues Involved:Absolute confiscation of gold biscuits and Jeep under Customs Act, 1962 including imposition of penalties.Analysis:1. Absolute Confiscation of Gold Biscuits:The case involved the absolute confiscation of 30 foreign marked gold biscuits and a Jeep under various sections of the Customs Act, 1962. The Preventive Officers intercepted a Mahindra Jeep carrying two individuals with 30 gold biscuits. The appellants argued that the gold biscuits were legally imported, supported by baggage receipts and documents showing payment of duty. They contended that the markings on the seized gold biscuits did not match those in the stock register, suggesting a mix-up due to a failed legal transaction. The Customs Officers' failure to seal anything was highlighted, questioning the confiscation. However, the authorities justified the confiscation based on discrepancies in markings, lack of accompanying documents, and specific information leading to the interception. The Tribunal set aside the order, directing a fresh examination by the Commissioner due to disputes over markings and numbers on the seized gold biscuits.2. Imposition of Penalties:In addition to confiscation, penalties were imposed on the appellants. The authorities found discrepancies between the seized gold biscuit markings and those in the register, leading to penalties. The Department defended its actions, citing reasonable belief supported by specific information, foreign markings on the gold biscuits, and concealment in the carriers' socks. Various factors, such as statements of carriers, examination of stock registers, and absence of accompanying documents, were considered to justify the penalties. The Tribunal did not delve into the merits but directed the Commissioner to reexamine the matter, allowing both parties to present their arguments. Consequently, the impugned order was set aside, and the appeals were allowed for further adjudication.This detailed analysis covers the issues of absolute confiscation of gold biscuits and imposition of penalties under the Customs Act, 1962, providing insights into the arguments presented by both parties and the Tribunal's decision to remand the matter for fresh consideration.