1986 (8) TMI 77

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....board the ship m.v. 'Good Hope-l', a vigil was maintained and when the ship arrived in the early bours of November 11, 1977 and anchored off Bombay Floating Light due to immobilisation of the engine, the Customs Officers searched the ship. On search it was noticed that contraband articles, consisting of 384 pieces of wristwatches, 7 pieces of watchstraps, 11 metres saree material, 4 pieces of calc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed in the smuggling of goods. The Additional Collector by order dated July 31, 1978 rejected the defence and imposed a personal penalty on the officers. The petitioner was directed to pay penalty of Rs. 50,000/-. The petitioner carried an appeal along with other officers before the Central Board of Excise and Customs, but the appeal ended in dismissal by order dated December 31, 1979. The petition....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....5(1)(a)(i) and 135(1)(b)(i) of the Customs Act and Section 5 of the Imports and Exports Control Act, it is not permissible to levy penalty under the provisions of the Customs Act. The submission cannot be accepted, because the mere fact that the petitioner was acquitted by the Magistrate is not enough to hold that penalty imposed in the departmental proceedings cannot be sustained. It hardly requi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hat Hussein was an oil-man working on the ship and the authorities were wrong in relying upon his statement before the Customs Authorities, when he was not tendered for cross-examination in the proceedings in pursuance of the show cause notice. It was urged that the petitioner sought Hussein for cross-examination but that opportunity was not given as Hussein was not available. The learned counsel ....