2006 (10) TMI 371 - AT - Customs

Summary

Issues involved: Appeal against confiscation of jeep/conveyance with penalty imposed u/s 112 of Customs Act, 1962.

Summary:

Issue 1: Confiscation of Jeep/Conveyance
- Customs officers intercepted the jeep loaded with contraband goods near the Indo-Nepal border.
- Appellant claimed ignorance of the nature of goods and challenged the confiscation.
- Adjudicating authority and Commissioner (Appeal) upheld the confiscation.
- Tribunal found that the vehicle was used for smuggling and fell under Section 115(2) of the Customs Act, 1962.
- Confiscation of the vehicle under Section 115(2) was deemed correct due to lack of evidence proving lawful possession of seized goods.

Issue 2: Penalty Imposed u/s 112 of Customs Act
- Appellant argued that penalty under Section 112 was unjustified as he was unaware of the illegal activities.
- Tribunal noted lack of direct evidence implicating the appellant in the smuggling operation.
- Penalty imposed on the current appellant under Section 112 was set aside.
- Redemption fine for the confiscation of the vehicle was reduced to Rs. 20,000.

Conclusion:
- The appeal was allowed partly, modifying the impugned order to reflect the reduction in the redemption fine and setting aside the penalty imposed under Section 112 of the Customs Act, 1962.