1986 (8) TMI 281 - AT - Customs

Customs Act penalties overturned; legal nexus required for statutory presumptions

The court set aside the penalties imposed on three appellants under the Customs Act, 1962 for their alleged involvement in the seizure of goods of foreign ... Seizure of contraband goods by police Issues:1. Imposition of penalty under the Customs Act, 1962 on three appellants.2. Seizure of goods of foreign origin and subsequent legal proceedings.3. Lack of evidence connecting the appellants with the seized goods.4. Applicability of statutory presumption under Sec. 123 of the Act.5. Legal arguments regarding the seizures and burden of proof.6. Clubbing of different seizures in one adjudication proceeding.7. Lack of evidence connecting one of the appellants with the seized house.8. Evaluation of evidence and setting aside of the impugned order.The judgment involves the imposition of penalties on three appellants under the Customs Act, 1962 for their alleged involvement in the seizure of goods of foreign origin. The seizures included items like Car Stereo Speakers, Tape Recorders, and Indian textiles. The appellants disclaimed any connection to the seized goods, leading to legal proceedings. The adjudicating authority relied on Sec. 123 of the Act, invoking a statutory presumption against the appellants. However, the learned counsel argued that the presumption was inapplicable as the goods were seized by the Police and not directly from the appellants' possession. The Division Bench rulings of the Gujarat and Madras High Courts supported this argument, emphasizing the need for a legal nexus between the seized goods and the accused for the presumption to apply.The legal analysis focused on the burden of proof under Sec. 123, which requires the goods to be seized from the possession of the person concerned. The judgment highlighted that the seizures were made by the Police and then handed over to the Customs authorities, absolving the appellants of the burden to prove the goods were not smuggled. The court referenced precedents to support this interpretation, emphasizing that the presumption cannot be invoked when seizures are initially made by the Police. The judgment also criticized the adjudicating authority for clubbing different seizures from various dates and places without establishing a legal connection or conspiracy, leading to prejudice against the appellants.Regarding one of the appellants, the court found a lack of evidence connecting him to the seized house, emphasizing the importance of proper identification and clear establishment of possession. The judgment noted discrepancies in the evidence and highlighted that suspicion alone cannot substitute for proof. Ultimately, after evaluating the evidence and legal arguments, the court concluded that the impugned order imposing penalties was not sustainable in law. As a result, the court set aside the impugned order and allowed the appeals, ruling in favor of the appellants based on the lack of conclusive evidence and legal misinterpretations by the adjudicating authority.