2001 (9) TMI 703 - AT - Customs

Summary

Issues:
1. Seizure of Metal Scrap by Customs Officers
2. Ownership claim of Metal Scrap
3. Confiscation and penalties imposed
4. Evidence of smuggled nature of Metal Scrap
5. Appeal against the order

Seizure of Metal Scrap by Customs Officers:
On 8-5-96, 550.000 Kgs. of Metal Scrap were seized by Customs Officers from a bus roof. The appellants claimed ownership of the Scrap, alleging it was smuggled from Bangladesh due to foreign markings. Statements by individuals involved in purchasing the Scrap were taken, but shop-keepers supplying the Scrap were not questioned.

Ownership claim of Metal Scrap:
The appellants claimed they purchased the Metal Scrap from shop-owners in Malda, who allegedly illegally imported the goods from Bangladesh. The Assistant Commissioner of Customs confiscated the Scrap and imposed penalties on the appellants and shop-owners. However, the shop-owners did not appeal the decision.

Confiscation and penalties imposed:
The Assistant Commissioner confiscated the Metal Scrap and levied personal penalties on the appellants and shop-owners. The Commissioner (Appeals) upheld the decision, leading to the present appeals by the appellants against the order.

Evidence of smuggled nature of Metal Scrap:
The authorities based their finding of the Scrap being smuggled on foreign markings and appellants' statements about the lack of legal importation documents held by shop-owners. The absence of shop-owners' statements and the non-listing of Metal Scrap as a specified item under the Customs Act raised doubts. The Revenue failed to prove the Scrap's smuggled nature, especially since shop-owners were not interrogated.

Appeal against the order:
Due to the lack of independent evidence supporting the Scrap's smuggled nature, the judgment set aside the impugned order against the appellants, granting them relief. The decision also addressed and disposed of the Stay Petitions related to the case.