Proceeds of crime and property equivalent in value: failure to explain lawful source sustains attachment; lack of required notice can vitiate confirma...
Invalid pre-shipment inspection certificates (PSICs) alone do not convert an import into an improper import; non-compliance with PSIC/DGFT requirements attracts administrative inspection or sanctions but not confiscation under the improper-import standard absent evidence of prohibited or incriminating cargo. Consequently, confiscation and redemption fine were set aside for lack of prohibited content. Penal liability for abetment also requires proof of mens rea and active facilitation; finding no sufficient evidence that the importer, director or indenting agent abetted issuance or use of fraudulent PSICs, the Tribunal set aside penalties under the penal provision as unsustainable.
Invalid pre-shipment inspection certificates (PSICs) alone do not convert an import into an improper import; non-compliance with PSIC/DGFT requirements attracts administrative inspection or sanctions but not confiscation under the improper-import standard absent evidence of prohibited or incriminating cargo. Consequently, confiscation and redemption fine were set aside for lack of prohibited content. Penal liability for abetment also requires proof of mens rea and active facilitation; finding no sufficient evidence that the importer, director or indenting agent abetted issuance or use of fraudulent PSICs, the Tribunal set aside penalties under the penal provision as unsustainable.
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