1997 (10) TMI 261 - AT - Customs

Tribunal overturns Customs Appeals decision on ball bearings confiscation, emphasizes burden of proof

The Tribunal set aside the order of the Commissioner of Customs (Appeals), Allahabad, regarding the confiscation of ball bearings and the truck used for ... Smuggled goods - Burden of proof on Revenue Issues:Confiscation of ball bearings, confiscation of truck, imposition of penalties, burden of proof on Revenue, licit import of goods, sufficiency of evidence for confiscation.Analysis:The judgment pertains to an appeal arising from the confiscation of ball bearings, the confiscation of the truck used for transportation, and the imposition of penalties by the Commissioner of Customs (Appeals), Allahabad. The Customs officers intercepted a truck carrying ball bearings of third country origin during a preventive check. The goods were seized under the belief of being unlawfully imported into India, leading to the issuance of a show cause notice proposing confiscation and penalty. The appellant challenged the confiscation on the grounds that ball bearings were not notified goods under Section 123 of the Customs Act, 1962, shifting the burden of proof to the Revenue.The appellant argued that the Revenue failed to prove the unlawful import of the ball bearings into India. The Department contended that the initial burden was met when the challans did not match the seized goods, requiring the appellants to provide evidence of licit import or identify the broker involved in the importation. The Tribunal analyzed the submissions and precedent cases, emphasizing that mere foreign origin of goods is not sufficient to establish smuggling without clear evidence. Citing previous judgments, the Tribunal highlighted that suspicion, even if strong, cannot replace the requirement of proof. The Tribunal noted similarities with past cases where fictitious consignor firms and unidentified brokers raised suspicion but did not prove illicit importation.Ultimately, the Tribunal held that the Revenue did not discharge the burden of proving the unlawful import of the ball bearings. Relying on established legal principles and precedents, the Tribunal set aside the impugned order, allowing the appeal and granting consequential relief to the appellants as per the law. The judgment underscores the importance of meeting the burden of proof in cases of confiscation and emphasizes that suspicion alone is insufficient to justify confiscatory actions without concrete evidence of smuggling.