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Issues:
1. Confiscation of ship under Section 115(2) of the Act with an option to redeem it on payment of fine. 2. Liability of the owner, agent, and person in charge of the conveyance. 3. Role of the charterer in smuggling activities. 4. Liability of the Stevedoring agency for the found foreign currency. 5. Responsibility and liability of the master of the vessel. 6. Comparison with relevant case laws for penalty imposition. 7. Confiscation of goods and liability under Section 115(2) of the Act. 8. Reduction of the imposed fine. Issue 1: The judgment revolves around the confiscation of the ship Orient Shreyas under Section 115(2) of the Act, with an option to redeem it on payment of a fine of Rs. 2.5 crores. The ship was involved in smuggling activities, leading to the confiscation order by the Commissioner of Customs, Mumbai. Issue 2: The judgment delves into the liability of the owner, agent, and person in charge of the conveyance. It discusses the control and responsibility of the owner and the agent of the vessel, emphasizing the need for control over the ship and crew to establish liability for penalties. Issue 3: Regarding the role of the charterer in smuggling activities, the judgment analyzes the lack of evidence implicating the charterer, Orient Express Lines, in the smuggling of goods. It concludes that penalties cannot be imposed on the charterer based on the available evidence. Issue 4: The liability of the Stevedoring agency for the found foreign currency is examined, with the judgment determining that there is insufficient evidence to implicate the agency in the smuggling activities, thereby ruling out the imposition of penalties. Issue 5: The judgment scrutinizes the responsibility and liability of the master of the vessel in preventing smuggling activities. It highlights the lack of proper checks and precautions by the master, leading to a finding of callous disregard for elementary precautions, ultimately resulting in the vessel's liability to confiscation. Issue 6: Comparisons with relevant case laws are made to assess the penalty imposition in this case. The judgment distinguishes the circumstances of the current case from previous judgments, emphasizing the need for direct evidence or specific knowledge to impose penalties. Issue 7: The judgment discusses the confiscation of goods and the liability under Section 115(2) of the Act, emphasizing the responsibility of the owner, agent, and person in charge of the conveyance. It analyzes the master's role and the vessel's liability to confiscation based on the lack of precautionary measures. Issue 8: Finally, the judgment concludes by reducing the imposed fine from Rs. 2.5 crores to Rs. 1 crore, considering the facts of the case and making adjustments to the penalty amount. Appeal C/786 is allowed in part, with other appeals also being allowed based on the detailed analysis of each issue involved.
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