2017 (11) TMI 1274 - AT - Customs

Tribunal upholds smuggling conspiracy conviction for contraband R-22 gas, penalties sustained

Shri Awtar Singh Bedi, Mr. Anil Mittal, Mr. Ajay Sharma, Shri Vijay Sharma, Shri Abhishek Dua, Mr. Tapaswi Singh CHA Versus Commissioner of Customs, Delhi-II

The tribunal upheld the findings of the adjudicating authority in a case involving the smuggling of contraband R-22 gas, confirming the appellants' ... Import of prohibited goods - smuggling - Refrigerant R-22 gas - Ozone Depleting Substance - Held that: - All the appellants have been found to hatch a conspiracy along with other persons and had engineered the import of prohibited goods in the form of R 22 gas. Such gases are known to cause irreparable environmental damage by destroying the ozone layer. Smuggling of such gases in such huge quantities is a very serious matter and but for the interception of such consignment before its release by DRI, the smuggling could not have been stopped - impugned order upheld - decided against appellants. Issues:- Smuggling of prohibited goods- Valuation of imported goods- Confiscation of goods- Imposition of penaltiesSmuggling of Prohibited Goods:The case involved six appeals filed against an order-in-original regarding the smuggling of contraband R-22 gas in two containers imported at ICD Tuklakabad, New Delhi. The investigation revealed a complex modus operandi involving individuals scheming to import prohibited goods through deceptive means. The appeals were filed by various persons involved in the smuggling operation, including importers, financiers, and a Customs House Agent (CHA). The judgment upheld the findings of the adjudicating authority, confirming the involvement of the appellants in the smuggling conspiracy. The penalties imposed on the individuals were deemed justified and sustained by the tribunal.Valuation of Imported Goods:During the investigation, the valuation of goods, including the concealed R-22 gas and other consumer items used to hide the contraband, was conducted based on market inquiry to ascertain the wholesale market price in India. The assessable value was determined after allowing permissible deductions from the market price. The tribunal reviewed the methodology adopted for valuation and found it reasonable, upholding the valuation process as conducted by the adjudicating authority.Confiscation of Goods:The adjudicating authority had ordered the absolute confiscation of the R-22 gas cylinders and the confiscation of other goods, both declared and undeclared, used to conceal the contraband. The tribunal affirmed the confiscation orders, stating that the goods were rightly seized and ordered for confiscation due to their involvement in the smuggling operation. The redemption fines and penalties imposed on the importers were also upheld by the tribunal.Imposition of Penalties:Various individuals involved in the smuggling conspiracy, including importers, financiers, and the CHA, were subjected to penalties by the adjudicating authority. The tribunal reviewed the roles played by each appellant and found the penalties imposed to be fully justified. The appellants were found to have conspired to smuggle prohibited goods, with their actions posing a serious threat to the environment due to the nature of the contraband R-22 gas. Therefore, the penalties imposed on the individuals were upheld, and all appeals were dismissed by the tribunal.This detailed analysis of the judgment highlights the intricate details of the smuggling case, the valuation process, confiscation of goods, and imposition of penalties, providing a comprehensive overview of the legal issues addressed in the appellate tribunal's decision.