2006 (3) TMI 645 - AT - Central Excise

Summary

Issues:
1. Imposition of penalty by Central Excise Department on the appellant for the theft of vehicles manufactured by Maruti Udyog Ltd.
2. Acquittal of the appellant in the criminal prosecution related to the theft.
3. Acceptance of statements made before the police as evidence by Central Excise authorities.
4. Discrepancy between the findings of the Judicial Magistrate and the Commissioner regarding the theft of vehicles.
5. Determination of duty liability on the manufacturer in cases of clandestine removal.

Analysis:
1. The judgment revolves around the imposition of a penalty by the Central Excise Department on the appellant for the theft of vehicles manufactured by Maruti Udyog Ltd. An FIR was registered by the Gurgaon Police regarding the theft, and stolen vehicles were recovered. The appellant, along with others, was charged for the theft. However, the appellant, who was a mechanic at Maruti Udyog Ltd., was acquitted in the criminal prosecution related to the theft.

2. The appellant's representative argued that since the appellant had been acquitted in the criminal case, the penalty imposed by the Central Excise Department was not sustainable. It was contended that the statements made before the police should not be accepted as evidence by the Central Excise authorities. The defense highlighted the lack of evidence apart from the police investigation and statements made before the police.

3. The Judicial Magistrate's finding stated that the evidence did not establish the theft of motor vehicles. The link evidence connecting the accused to the stolen cars was deemed unproved. The prosecution failed to prove that the recovered cars were actually stolen property. This finding contradicted the Commissioner's conclusion that certain individuals were involved in the unlawful removal of the vehicles.

4. The judgment emphasized that duty liability lies with the manufacturer, and in this case, the appellant was not responsible for removing vehicles after duty payment. The appellant could only be implicated in clandestine removal if the theft charge was upheld, which was not the case as per the trial's findings. Therefore, the penalty imposed on the appellant was set aside, and the appeal was allowed.

5. The discrepancy between the findings of the Judicial Magistrate and the Commissioner regarding the theft of vehicles raised questions about the evidence and the legal basis for imposing penalties. The judgment clarified the legal principles governing duty liability and the requirement for establishing theft to link individuals to clandestine removal activities.