2014 (6) TMI 25 - AT - Central Excise

Tribunal overturns currency confiscation in smuggling case; insufficient evidence found

Shri Sanjay Kumar Sahu Versus CCE., Allahabad

Shri Sanjay Kumar Sahu Versus CCE., Allahabad - TMI Issues:Challenge to absolute confiscation of Indian currency as sale proceeds of smuggled goods.Analysis:The judgment pertains to the challenge against the absolute confiscation of Indian currency amounting to Rs.3,22,540 recovered from the residential premises of the appellants. The Revenue alleged that the currency represented the sale proceeds of gutka, which the appellants were manufacturing until November 2006. The appellant initially admitted during investigations that the currency was indeed from the sale of smuggled goods. However, the appellant retracted this statement the next day, claiming that the currency was related to their new medical store business, as they had ceased gutka manufacturing in November 2006.The proceedings resulted in the absolute confiscation of the currency under Section 121 of the Customs Act, 1962, which is applicable to Central Excise law. The Tribunal discussed the legal requirements for confiscation in the case of Ramachandra Vs. Collector of Bombay, emphasizing the need for establishing various elements, including the sale of smuggled goods, knowledge of the seller, and positive evidence linking the currency to the illicit goods. The Tribunal cited precedents like Malar Vs. Collector of Customs & Central Excise, Trichy, and Pandit DP Sharma Vs. CCE, Calcutta, which underscored the Revenue's burden to prove the currency's origin through concrete evidence.The presiding judge, Mrs. Archana Wadhwa, analyzed the evidence and found insufficient proof linking the confiscated currency to the clandestinely removed goods, especially since the appellant had ceased gutka manufacturing well before the currency's recovery. Consequently, the judge set aside the impugned order and allowed the appeal, providing consequential relief to the appellant.