2003 (12) TMI 496 - AT - Customs

Summary

Issues:
1. Appellant's involvement in unauthorized removal of goods from port premises.
2. Appellant's liability for penalty under Section 112(b).

Issue 1:
The appellant, a displaced agriculturist employed as a crane operator, was allegedly coerced to load a container onto a truck by two individuals under threat of a knife while the supervisor was absent. Subsequently, the truck was intercepted by the police with unauthorized goods and other individuals onboard. The Commissioner found the appellant liable for penalty based on his admission of willingly acting for monetary gain and statements of others implicating him.

Issue 2:
The Tribunal examined the evidence and found discrepancies in the statements recorded. Despite the appellant's admission of acting for monetary consideration, the Tribunal noted that if the appellant was forced under threat to load the truck, the statements regarding monetary considerations may have been extracted under duress. The Tribunal concluded that the evidence did not establish the appellant's voluntary participation in the unauthorized removal of goods without payment of duty. Consequently, the penalty imposed under Section 112(b) was set aside, and the appeal was allowed.

This judgment highlights the importance of scrutinizing evidence and ensuring that statements are voluntary and not extracted under threat or duress. It emphasizes the need for a clear establishment of voluntary participation in illegal activities to impose penalties under relevant legal provisions. The Tribunal's decision showcases a meticulous analysis of the facts and a fair assessment of the appellant's involvement in the unauthorized removal of goods, ultimately leading to the setting aside of the penalty imposed.