2005 (10) TMI 344 - AT - Customs

Summary

Issues: Confiscation of truck, imposition of penalties, involvement of appellant in smuggling activity

Confiscation of Truck:
The appellant filed appeals against the Order-in-Appeal where their truck was confiscated and penalties were imposed. The Revenue claimed that a truck was intercepted with oxy-tetracycline, leading to the confiscation. However, the appellant argued that only remains of the substance were found, with no specific quantity mentioned in the recovery memo or show cause notice. The appellant contended that the truck driver did not implicate them, and there was no concrete evidence linking them to smuggling activities. The Tribunal noted that the mere presence of oxy-tetracycline remains did not prove smuggling activity, and there was no evidence implicating the appellant in any illegal actions. Consequently, the confiscation of the truck was deemed unsustainable, and the penalties were set aside.

Involvement of Appellant in Smuggling Activity:
The Revenue claimed that the truck had previously been used for smuggling, based on the driver's statement. However, the appellant denied involvement in any smuggling activities. The Tribunal found that the presence of oxy-tetracycline remains in the truck did not establish the appellant's participation in smuggling. There was a lack of evidence linking the appellant to any illegal actions, and the driver's statement did not implicate them directly. As a result, the Tribunal concluded that the confiscation and penalties imposed on the appellant were not sustainable, leading to the allowance of the appeals.

This judgment highlights the importance of concrete evidence and direct involvement in establishing liability for confiscation and penalties in cases involving alleged smuggling activities. The Tribunal emphasized the need for clear proof linking the appellant to illegal actions before imposing such severe consequences.