2003 (7) TMI 590 - AT - Customs

Summary

Issues Involved:
1. Confiscation of seized goods.
2. Imposition of penalties on various appellants.
3. Validity of evidence used against appellants.
4. Legality of the import/export activities of the appellants.
5. Procedural lapses in issuing show cause notices.
6. Retracted confessional statements and their admissibility.

Issue-wise Detailed Analysis:

1. Confiscation of Seized Goods:
The Commissioner of Customs ordered the confiscation of polyester curtain cloth and polyester suiting cloth seized from the premises of M/s. Prakash Transport. The goods were seized under Section 110 of the Customs Act on the belief that they were smuggled into India. The appellants contested the confiscation, arguing that the goods were legally imported and cleared by Customs authorities without any objections.

2. Imposition of Penalties on Various Appellants:
Penalties were imposed on multiple appellants, including:
- Shri Anil Jatia and his company, M/s. Annapoorna Textiles Ltd., for allegedly smuggling goods from Nepal.
- M/s. Asia Trade Enterprises, for allegedly importing goods illegally.
- M/s. Aditya Trading Co. and its proprietor, Shri Mahabir Prashad Goenka, for allegedly receiving and selling smuggled goods.
- M/s. Dass Textiles and M/s. Jai Durga Woollen Indus., for allegedly purchasing smuggled goods.
- M/s. Prakash Transport and its partner, Shri N.K. Goel, for allegedly facilitating the storage and transport of smuggled goods.

3. Validity of Evidence Used Against Appellants:
The evidence used against the appellants included statements from various individuals and the seizure of excess goods not covered by the Bill of Entry. However, the tribunal found that:
- No show cause notice was served on M/s. Annapoorna Textiles Ltd.
- Penalty on both the proprietorship concern and the proprietor is not permissible.
- Statements of individuals like Shri Mahabir Prashad Goenka were retracted and obtained under duress, making them inadmissible.
- There was no cogent and reliable evidence to prove the involvement of the appellants in smuggling activities.

4. Legality of the Import/Export Activities of the Appellants:
The appellants argued that the goods were legally imported from Nepal and cleared by Customs authorities. The tribunal found that:
- The goods were cleared by Customs authorities without any objections.
- M/s. Asia Trade Enterprises provided records of Bills of Entries and details of import and sale of goods.
- No evidence was found to prove that the goods were illegally exported or imported.

5. Procedural Lapses in Issuing Show Cause Notices:
The tribunal noted procedural lapses, such as:
- No show cause notice was served on M/s. Annapoorna Textiles Ltd.
- The penalty imposed on the company and the proprietor was not permissible.
- The transport company, M/s. Prakash Transport, was not served a show cause notice.

6. Retracted Confessional Statements and Their Admissibility:
The tribunal found that the confessional statements of Shri Mahabir Prashad Goenka were retracted and obtained under duress. Medical evidence supported his claim of torture. Therefore, these statements were inadmissible and could not be used against the appellants.

Conclusion:
The tribunal concluded that:
- No reliable evidence was found to substantiate the allegations against the appellants.
- The penalties imposed on the appellants were not legally sustainable.
- The impugned order of the adjudicating authority was set aside in toto.
- The appeals of all the appellants were allowed with consequential relief if any, permissible under the law.