2002 (1) TMI 461 - AT - Customs

Summary

Issues:
1. Confiscation of ball bearings and Maruti Van.
2. Imposition of personal penalties on individuals involved.

Detailed Analysis:
1. Confiscation of Ball Bearings:
The case involved the confiscation of 62,000 pieces of ball bearings of foreign origin by the Commissioner of Customs, Kolkata. The Customs Officers found a Maruti Van loaded with these ball bearings in front of a godown and subsequently seized them along with a diary containing relevant information. Two individuals present at the godown could not produce legal acquisition documents for the ball bearings, leading to the seizure. Further investigations revealed connections to firms in Nepal dealing with ball bearings. The show cause notice proposed the confiscation of the ball bearings and the Maruti Van, which culminated in the impugned order by the Commissioner.

2. Imposition of Personal Penalties:
In addition to the confiscation, personal penalties were imposed on the involved individuals. Statements of two individuals indicated that another person was the real owner of the ball bearings, who later claimed ownership of 39,000 pieces and produced a purchase bill from a cooperative store. The adjudicating authority doubted the claim since only a portion of the seized ball bearings was claimed, suggesting possible sale of the rest. However, the appellate tribunal found the reasoning based on assumption and presumption rather than legal grounds. It was argued that the ball bearings were freely importable without restrictions and the burden of proving illegal smuggling lay on the Revenue, which lacked direct evidence for such claims. Consequently, the confiscation of 39,800 pieces of ball bearings and the imposed penalty were set aside.

3. Decision and Precedents:
The tribunal referred to previous cases where confiscations were set aside due to lack of evidence and non-notification under customs laws. Citing relevant judgments, the tribunal held that without sufficient evidence of smuggling, confiscation without proof of illicit nature was not in accordance with the law. Ultimately, all appeals were allowed, providing consequential relief to the appellants involved in the case.