Tribunal overturns penalty for truck owner in contraband case, upholds confiscation, and reduces fine.

The Tribunal set aside the penalty imposed on the owner of the trucks due to lack of evidence implicating the owner in the transportation of contraband goods. However, the confiscation of the trucks was upheld as the drivers were aware of the illegal goods. The Tribunal reduced the redemption fine significantly from Rs. 1.5 Lakh to Rs. 50,000 for each truck, considering the circumstances and the age of the vehicles. The appeal was disposed of, modifying the initial order accordingly.

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Issues Involved:
1. Imposition of penalty on the owner of the trucks.
2. Confiscation of the trucks and the redemption fine amount.

Imposition of Penalty:
The case involved an appeal against the imposition of a penalty and confiscation of trucks due to the transportation of contraband goods. The Customs Authorities intercepted two trucks carrying Chinese Silk Yarn. The driver implicated the owner of the trucks, stating he was instructed by a third party. However, the third party denied involvement. The Tribunal noted the lack of independent corroboration or confessional statements to implicate the owner. The owner denied knowledge of the illegal goods. Consequently, the Tribunal gave the benefit of doubt to the owner and set aside the penalty.

Confiscation and Redemption Fine:
Regarding the confiscation of the trucks and the redemption fine, it was established that the drivers were aware they were transporting contraband goods. As the drivers were in charge and had knowledge of the illegal goods, the confiscation of the trucks was deemed justified. The issue of the redemption fine was contested based on the market value of the trucks at the time of interception. While the Department argued that the redemption fine should not be less than the market value, the Tribunal disagreed. Considering the circumstances and the age of the trucks, the Tribunal found the redemption fine excessive and reduced it significantly from Rs. 1.5 Lakh to Rs. 50,000 for each truck. The appeal was disposed of accordingly, modifying the initial order.

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