2000 (9) TMI 761 - AT - Customs

Tribunal confirms penalties in gold smuggling case, reduces penalty for student appellant

The Tribunal upheld the findings against the first appellant in a case involving the smuggling of gold biscuits, but reduced his penalty due to his ... Penalty - Confiscation of vehicle Issues: Smuggling of gold biscuits, confiscation of gold and vehicle, imposition of penalties, personal liabilities of individuals involved.In the case, DRI officers intercepted a Maruti Van driven by the first appellant, resulting in the recovery of 11 gold biscuits of foreign origin. The appellant admitted to transporting the smuggled gold for delivery. The Commissioner of Customs ordered the confiscation of the gold biscuits and imposed penalties on the involved individuals. An appeal was filed challenging the penalties and confiscation. The appellant argued that as a college student, he was following his elder brother's instructions and should be viewed leniently. The Tribunal upheld the findings against the appellant but reduced his penalty due to his student status and compliance with the Stay Order.Regarding the penalties imposed on two other individuals, the Tribunal found that the penalties were justified based on voluntary statements made by the appellants and corroborated evidence. The Tribunal confirmed the penalties and directed recovery from the liable individuals. The Tribunal noted that the confiscation of the Maruti Van was justified under the Customs Act, as the appellant was aware of the concealed gold being transported. Despite the owner's lack of involvement, the Van was deemed liable for confiscation. The Tribunal reduced the redemption fine to a nominal amount considering the circumstances. All appeals were disposed of accordingly.