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Issues:
1. Appeal against order modifying penalty and confiscation. 2. Seizure of electronic goods by police. 3. Burden of proof on Customs for smuggled goods. 4. Application of Customs Act provisions. 5. Interpretation of Circular on town seizure. 6. Appellant's statement and lack of importer proof. 7. Precedents on police seizure and Customs transfer. 8. Decision on confiscation and penalty imposition. Analysis: 1. The appeal challenges the modification of penalty and confiscation orders by the Commissioner of Customs (Appeals), reducing the penalty on the appellant from Rs. 75,000 to Rs. 20,000. The original authority had confiscated goods valued at Rs. 3,76,400 (cif) and an Ambassador Car, with options for redemption upon payment of fines and duties. 2. The case originated from a police seizure of assorted electronic goods and a vehicle, leading to the Customs taking over the investigation under the Customs Act, 1962. The appellant and the vehicle's driver were arrested and remanded to judicial custody, with the seized goods transferred to Customs custody. 3. The appellant argued that the burden of proving the goods as smuggled lay with Customs, emphasizing the non-notified status of the goods and citing precedents and Circulars placing the onus on Customs to establish smuggling in cases like the present one. 4. The Customs defended the impugned order, which was based on the goods being of foreign origin without accompanying bills for legal import. However, the appellate judge noted that mere foreign origin does not equate to smuggling and reiterated the burden on Customs to prove smuggling. 5. The judge highlighted a Circular clarifying the onus on Customs in town seizure cases involving goods recovered from non-importers. The appellant's statement indicated purchase from a third party, not importation, further shifting the burden of proof to Customs. 6. Citing the Supreme Court's ruling on police seizures transferred to Customs, the judge found the Customs Act provisions not satisfied in this case. Precedents and co-ordinate Bench decisions supported the appeal's stance, leading to the conclusion that confiscation and penalty imposition lacked sufficient grounds. 7. Consequently, the judge set aside the impugned order and the original authority's decision regarding the appellant, allowing the appeal with appropriate relief. The judgment focused on the failure of Customs to discharge the burden of proving smuggling, emphasizing the legal principles governing burden of proof in such cases.
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