2000 (10) TMI 611

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....tion to redeem it on fine of Rs. 9 lakhs, and reducing the penalty imposed on Sevruch Peter, its captain from Rs. 3 lakhs to Rs. 50,000/-. 2. Tire facts leading to the appeal are briefly as follows. When the strip arrived at Bombay in February 1994 from Singapore it was rummaged by the custom officers, who found 68 video cassette players and two television sets concealed within the ship. In the course of their inquiries they recorded statements of the two crew members. The statements have not been produced and apparertly contain admission of each of the crew members that they had brought part of the goods which was seized for sale to India. It is not disputed that these goods were not part of the goods manifested and more particularly....

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....ptain. This alone is not sufficient for penalty to be imposed on the captain, in the absence of any act or omission as contemplating in the section of the Act. In similar circumstances, the Bombay High Court has held the master of the ship MV Marhaba not liable to penalty for action of the members of his crew in Indoceanic Shipping Co. Ltd. v. CC, 1993 (64) E.L.T. 196 (Tribunal). 6. The emphasis by the departmental representative upon the "hectic activity" leading to such smuggling and past acts of the crew members is in fact not borne out by the evidence. The goods presumably were purchased in Singapore and other port and need no hectic activity for them to be brought on board or concealed. There is no material to show the crew membe....

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....ceedings before the Addl. Collector, this appellant was authorised to, and did represent the crew members. An appeal filed by it against the order of the Addl. Collector has been entertained by the Commissioner (Appeals). Since the appeal before the Tribunal is in continuance of these proceedings the agency is competent to represent them. He also invites our attention to Order 1 Rule 1 of the Code of Civil Procedure. 9. The provisions of the Customs Act, 1962 and the Tribunal Procedure Rules are quite clear that an appeal is to be filed by a person aggrieved by any of the orders mentioned in Section 129B(1) of the Act. The fact that the Addl. Collector chose to hear the agency as representing the crew members which appears to be erron....