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Issues involved: Confiscation of imported lead scrap and imposition of penalty for the presence of used cartridges in the consignment.
Confiscation of imported lead scrap: The appellant imported lead scrap and filed all required documents, including a certificate from an accredited certifying agency. Upon examination, eight cut pieces of used cartridges were found in the consignment. The appellant participated in the adjudication proceedings, contending that they followed proper procedures based on the certifying agency's certificate. The Commissioner concluded that the presence of the cartridges rendered the entire consignment in violation of import requirements, leading to confiscation. Presence of used cartridges: The appellant's advocate argued that the consignment was inspected by an accredited agency, which certified the absence of arms or ammunition. Citing relevant Tribunal and High Court decisions, the advocate contended that the appellant acted in good faith and complied with import regulations. In contrast, the Departmental Representative highlighted the danger posed by the cartridges and referenced a High Court case to support penalty imposition without requiring mens rea. Decision: After considering submissions and examining records, it was noted that the appellant provided a Pre-shipment Inspection Certificate, demonstrating diligence in import procedures. The Tribunal's precedent in a similar case supported the appellant's actions, emphasizing the lack of fault or negligence. The Tribunal distinguished the cited High Court case, stating that the appellant's precautionary measures aligned with legal requirements. Consequently, the impugned order was set aside, and the appeal was allowed with any necessary relief. Separate Judgement: None.
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