Judges uphold order on sheep smuggling, reduce fines for appellants based on financial status

The judges upheld the impugned order regarding the smuggling of sheep, liability for confiscation, and penalties, except for reducing the redemption fine and penalties for the appellants. The reduction was justified based on the appellants' financial status and the circumstances of the case, leading to the redemption fine on the vessels being reduced to Rs. 50,000 each and the penalty on both appellants to Rs. 5,000 each.

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Issues: Smuggling of sheep, liability for confiscation, imposition of fine, imposition of penalties, reduction of redemption fine, reduction of penalty.

In this case, the issue revolved around the smuggling of foreign origin sheep brought illegally and without payment of customs duty through vessels, leading to the arrival of 16 sheep at a port and subsequent transportation to a farm without informing government agencies. The government veterinary officer confirmed the foreign origin breed of the sheep. The Commissioner reduced the fine in lieu of confiscation for the vessels and penalties on the owners in the impugned order. The appellants appealed against this order, contending that they were not professional smugglers but were poor individuals who brought the sheep for a small consideration at the request of a local resident. They argued that the redemption fine and penalties were excessively high even after the reduction by the Commissioner.

Upon hearing both sides, the judges noted that there was no dispute regarding the smuggling of sheep and the liability for confiscation and penalties. The appellants did not contest these issues. The appellants' consultant argued that due to their financial status and the circumstances under which the sheep were brought, a substantial reduction in the redemption fine and penalties was warranted. The judges found merit in this argument, considering the value of the sheep, the manner in which they were brought, and the nature of the commodity involved. Therefore, they decided to reduce the redemption fine on the vessels to Rs. 50,000 each and the penalty on both appellants to Rs. 5,000 each.

In conclusion, the judges upheld the impugned order except for the relief provided by reducing the redemption fine and penalties for the appellants. The reduction was deemed appropriate given the circumstances and arguments presented during the hearing.

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