2005 (9) TMI 204 - AT - Customs

Tribunal Overturns Penalties: Vessel Confiscation Reversed Due to Lack of Smuggling Evidence Against Company.

S. DURAIAPPA Versus COMMISSIONER OF CUSTOMS, CHENNAI

S. DURAIAPPA Versus COMMISSIONER OF CUSTOMS, CHENNAI - 2006 (202) E.L.T. 365 (Tri. - Chennai) Issues Involved:1. Confiscation of the vessel and ball bearings.2. Imposition of penalties on various appellants.3. Relevance of the criminal court's acquittal in the adjudication proceedings.Detailed Analysis:1. Confiscation of the Vessel and Ball Bearings:The vessel M.T. STEREG USHCHIY was purchased by M/s. Jesudasans Pvt. Ltd. for ship breaking. Upon inspection, customs officers found 1,31,076 ball bearings of foreign origin concealed in the vessel. The vessel and ball bearings were seized, and a show-cause notice was issued proposing confiscation under Sections 111(d) and 115 of the Customs Act. The Commissioner of Customs ordered the absolute confiscation of the ball bearings and the vessel, with an option for the company to redeem the vessel upon payment of a fine.In Appeal No. C/69/1999, it was argued that the confiscation of the vessel was inconsistent with the Commissioner's finding that the company's directors had no knowledge of the concealed ball bearings. The tribunal found no evidence that the company or its agents had knowledge of the smuggling, rendering Section 115 inapplicable. Consequently, the order of confiscation of the vessel was deemed unsustainable and the appeal was allowed.2. Imposition of Penalties on Various Appellants:The Commissioner imposed penalties on several individuals under Section 112 of the Customs Act. The appellants argued that since the criminal court had acquitted them of charges under Section 135 of the Customs Act based on the same set of facts, the penalties should not stand.The tribunal noted that the criminal court's acquittal was on merits, not on technical grounds. The court had found that the prosecution failed to prove the charges beyond a reasonable doubt. The tribunal referred to several decisions, including the Supreme Court's ruling in Gopaldas Udhavadas Ahuja & Another v. Union of India & Others, which held that an acquittal on merits in a criminal case should influence adjudication proceedings.3. Relevance of the Criminal Court's Acquittal in the Adjudication Proceedings:The tribunal considered whether the acquittal by the criminal court should impact the adjudication proceedings. The criminal court had acquitted the appellants after evaluating the same evidence presented in the adjudication proceedings. The tribunal emphasized that adjudication and criminal proceedings are independent, but when an acquittal is on merits, it should affect the adjudication outcome.The tribunal referred to multiple precedents, including Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. & Another, which supported the view that an acquittal on the same set of facts should preclude penalties in adjudication proceedings. The tribunal found that the criminal court's judgment was based on a thorough evaluation of evidence and the prosecution's failure to prove the charges.Conclusion:The tribunal set aside the penalties imposed on the appellants due to their acquittal by the criminal court on the same set of facts and evidence. The appeals were allowed, and the penalties were annulled.(Pronounced in open Court on 13-9-2005)