2001 (5) TMI 388 - AT - Customs

Tribunal overturns silver seizure due to lack of evidence & procedural errors

The Tribunal allowed the appeal in a case involving the seizure of silver suspected to be smuggled. The appellant, a silversmith, contested the ... Smuggling - Evidence Issues:1. Seizure of silver believed to be smuggled based on statement of individual.2. Confiscation of silver and imposition of personal penalties.3. Requirement to prove foreign origin of seized goods.4. Applicability of Section 123 of the Customs Act.5. Reliance on previous tribunal decisions regarding similar circumstances.6. Evaluation of evidence and retracted statement.7. Burden of proof and onus on the Customs department.8. Decision on the appeal and consequential relief granted.Analysis:1. The case involved the seizure of silver believed to be smuggled based on the interception of an individual carrying silver in a bus jacket. The individual stated that the silver was given to him by the appellant, a silversmith, for delivery to another person. The silver was seized and a show cause notice was issued proposing confiscation and personal penalties.2. The Deputy Commissioner adjudicated the case, confiscating the silver and imposing a personal penalty on the appellant. Despite an unsuccessful appeal before the Commissioner (Appeals), the appellant filed the present appeal challenging the order.3. The appellant argued that the Revenue failed to prove the foreign origin of the silver, as required for confiscation under Section 123 of the Customs Act. The appellant contended that the silver was part of their business stock and relied on previous tribunal decisions supporting their claim.4. The Tribunal considered the evidence and precedent decisions cited by the appellant. It was noted that there were no markings on the silver to indicate foreign origin, and the Customs had not established this fact. The Tribunal also highlighted that according to a Board's Circular, silver weighing less than 100 kgs can only be seized by an Assistant Commissioner, making the provisions of Section 123 inapplicable in this case.5. Relying on previous tribunal decisions, the Tribunal emphasized that a retracted statement, like the one made by the individual in this case, cannot be the sole basis for imposing penalties. The Tribunal found that the Revenue's case was solely based on the retracted statement without further corroboration.6. Ultimately, the Tribunal set aside the impugned order, allowing the appeal and granting consequential relief to the appellant. The decision was based on the lack of evidence proving foreign origin, the inapplicability of Section 123, and the reliance on the retracted statement without additional corroboration.This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's decision on each aspect of the case.