2001 (10) TMI 670 - AT - Customs

Summary

Issues:
Confiscation of MS Black Pipes of Nepal origin under Section 119 of the Customs Act.
Imposition of personal penalty on Shri Ram Nawal Tripathy under Section 112(b) of the Customs Act.

Confiscation of MS Black Pipes:
The case involved the confiscation of MS Black Pipes of foreign origin under Section 119 of the Customs Act. The goods were seized on suspicion of being used to conceal foreign origin items. The appellants argued that the pipes were not used for concealment but merely to cover the miscellaneous goods. They relied on a precedent where it was held that covering goods does not constitute concealment. The Tribunal agreed, stating that covering does not equal concealment. As the miscellaneous goods were covered by pipes and not concealed, the confiscation was set aside, and the pipes were ordered to be released to the appellant.

Imposition of Personal Penalty:
The issue of imposing a personal penalty of Rs. 2,000 on Shri Ram Nawal Tripathy under Section 112(b) of the Customs Act was also addressed. The appellant's involvement in the transportation of contraband items was contested, with the argument that there was no evidence linking him to the illegal activities. The Commissioner's order was criticized for being based on assumptions and presumptions without concrete evidence. The Tribunal agreed with the appellant, setting aside the penalty as the appellant's involvement was not proven. The Tribunal granted consequential relief to the appellants, allowing both appeals and disposing of the stay petition.