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of <h1>Tribunal upholds video cassette confiscation, reduces penalties, and releases VCR in ownership dispute.</h1> <h3>RAJINDER KUMAR Versus COLLECTOR OF CUSTOMS</h3> The Tribunal upheld the confiscation of video cassettes under Section 111(p) of the Customs Act, 1962, due to non-compliance with Chapter IVA ... Confiscation Issues:- Confiscation of seized goods under Customs Act, 1962- Penalty imposition on the appellants- Compliance with Chapter IVA of the Customs Act- Ownership and source of seized goods- Benefit of doubt for seized VCRConfiscation of Seized Goods under Customs Act, 1962:The case involved the confiscation of foreign-origin goods seized during searches at various premises. The Deputy Collector of Customs & Excise had initially ordered absolute confiscation under Section 111(d) of the Customs Act, 1962, with penalties imposed on the proprietors. The Collector of Customs (Appeals) later modified the order, releasing the goods on payment and reducing the penalties. The Tribunal reviewed the case and upheld the confiscation of video cassettes under Section 111(p) of the Customs Act, 1962, as Chapter IVA requirements were not met.Penalty Imposition on the Appellants:The appellants contested the fines and penalties imposed, arguing that they were excessive for technical violations and that the burden of proving smuggling rested with the department. They presented documentary evidence to establish ownership of some seized cassettes. The Tribunal reduced the personal penalties on each appellant to Rs. 500 only, considering the circumstances and compliance issues.Compliance with Chapter IVA of the Customs Act:The Tribunal noted that the seized video cassettes required compliance with Chapter IVA of the Customs Act, as they were notified goods. Since this compliance was lacking, the order upholding the confiscation of cassettes under Section 111(p) was deemed legal and sustainable.Ownership and Source of Seized Goods:Statements from the proprietors revealed conflicting claims regarding ownership of the seized goods. While some disclaimed ownership, others admitted to acquiring the goods from specific sources without proper documentation. The Tribunal considered these statements in determining the legitimacy of the confiscation and penalties imposed.Benefit of Doubt for Seized VCR:Regarding the seized VCR, conflicting claims were made about ownership and repairs. Ultimately, the Tribunal extended the benefit of doubt to the appellants, ordering the release of the VCR to the owner and setting aside its confiscation. However, the confiscation of the video cassettes was confirmed, with an option for redemption on payment of a fine.In conclusion, the Tribunal disposed of the appeal by setting aside the confiscation of the VCR, confirming the confiscation of video cassettes, and reducing the penalties imposed on the appellants, considering the evidence, compliance issues, and ownership claims presented during the proceedings.
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