1993 (2) TMI 203 - AT - Customs

Tribunal upholds Customs confiscation of suspiciously acquired Nylon Vests

The Tribunal upheld the confiscation of 2100 pcs. of Nylon Vests seized by Customs officers near the border. The appellant's delayed ownership claim, ... Seizure and confiscation Issues:1. Ownership of the goods in question.2. Whether the goods were smuggled.3. Burden of proof on the Department.4. Conduct of the appellant in claiming ownership.Detailed Analysis:1. Ownership of the goods in question:The case involved an appeal against the confiscation of Nylon Vests by the Additional Collector of Customs. The appellant claimed ownership of 2100 pcs. of Nylon Vests seized by Customs officers. The appellant purchased the goods from a seller but made the claim 25 days after the seizure. The appellant's explanation for the delay was that the documents were misplaced. However, the Tribunal found the appellant's conduct suspicious, especially since the goods were seized near the border, and no reasonable explanation was provided for sending the goods by bicycles in the early hours of the morning. The Tribunal concluded that the appellant failed to establish ownership based on the facts and circumstances of the case.2. Whether the goods were smuggled:The Customs officers seized the goods near the border in the early hours of the morning, and the persons carrying the goods fled upon challenge. The Department believed the goods to be smuggled due to the circumstances of the seizure. The burden of proof was on the Department to show that the goods were smuggled, but once the goods were seized, the burden shifted to the appellant to prove otherwise. The appellant failed to provide evidence that the seized goods were the same ones he purchased. Additionally, the appellant's failure to attend the summons and his conduct in claiming ownership raised further doubts. The Tribunal held that the confiscation of the goods was justified as the appellant did not prove that the goods were not smuggled.3. Burden of proof on the Department:While the Department had to prove that the goods were smuggled to some extent, the Tribunal noted that once the goods were seized under suspicious circumstances, the burden shifted to the appellant to prove ownership and legitimacy. The Department's belief that the goods were smuggled was deemed reasonable based on the lack of ownership claims until a later date and the suspicious conduct of the appellant.4. Conduct of the appellant in claiming ownership:The appellant's conduct, including the delayed claim, sending goods near the border in the early hours, and failure to attend the summons in person, raised doubts about the ownership of the goods. The Tribunal found the appellant's explanations lacking credibility, especially regarding the purchase and transportation of the goods. The Tribunal concluded that the appellant's conduct did not support his claim of ownership, leading to the dismissal of the appeal.In conclusion, the Tribunal upheld the confiscation of the goods, as the appellant failed to establish ownership and legitimacy, and the circumstances surrounding the seizure indicated possible smuggling activities.