2005 (6) TMI 451 - AT - Customs

Confiscation and Penalty Overturned due to Lack of Evidence and Procedural Issues

HARI NATH DIXIT Versus COMMISSIONER OF CUSTOMS, KANPUR

HARI NATH DIXIT Versus COMMISSIONER OF CUSTOMS, KANPUR - 2005 (192) E.L.T. 1132 (Tri. - Del.) Issues:1. Correctness of the Order-in-Appeal confirming the Order-in-Original for the confiscation of seized goods.2. Validity of the appellant's admission regarding the foreign origin of gold biscuits.3. Reliability of statements made by the appellant during the investigation.4. Non-disclosure of crucial information by Customs officers during the investigation.5. Appellant's mental state during the raid and its impact on the case.6. Evidence presented by the appellant to prove lawful acquisition of gold biscuits.Analysis:1. The appellant challenged the correctness of the Order-in-Appeal confirming the Order-in-Original for the confiscation of seized goods, specifically 15 gold biscuits of foreign origin and cash. The Commissioner (Appeals) upheld the confiscation and imposed a penalty of one lakh rupees. However, the currency was released due to lack of evidence linking it to the gold biscuits.2. The Customs officers conducted a raid at the appellant's premises and seized the gold biscuits and cash. The appellant's statements, admitting the recovery and implicating another individual, were crucial in the case. The impugned order relied on these statements to confirm the confiscation and penalty. However, discrepancies in the recording and handling of the statements raised doubts about their reliability.3. The appellant's statements were recorded twice at the Customs office, but the process lacked clarity and proper documentation. The appellant's mental state, as indicated by medical records and witness testimonies, further cast doubt on the validity of his statements during the investigation. The lack of officer identification and contradictory evidence weakened the case against the appellant.4. The Customs officers failed to verify crucial evidence presented by the appellant, such as a bill and an affidavit confirming the lawful purchase of gold biscuits from a specific firm. The failure to investigate this evidence thoroughly was highlighted by a Session Judge during a bail hearing, indicating lapses in the investigative process by the Customs authorities.5. The appellant's mental health condition, established through medical records and witness testimonies, raised questions about his state of mind during the raid and subsequent investigation. The appellant's condition, coupled with inconsistencies in the investigation process, undermined the reliability of his statements and the case against him.6. The evidence provided by the appellant regarding the lawful acquisition of gold biscuits from a specific firm remained unchallenged and supported by documentation. The Tribunal found this evidence to be credible and accepted it, leading to the setting aside of the impugned order for confiscation and penalty. The appeal was allowed, granting the appellant consequential relief as per the law.