2009 (12) TMI 775 - AT - Customs

Summary

Issues:
Interception of truck near Indo-Nepal Border, seizure of iron scrap, confiscation order, imposition of penalties, appeal against Commissioner's decision.

Interception and Seizure:
Customs Officers intercepted a truck near the Indo-Nepal Border carrying iron scrap. Two individuals were found in the truck, and the scrap was seized along with the truck. Statements were taken from the driver, the accompanying person, and the owner of the goods. The driver claimed the scrap was from a local source, while the accompanying person mentioned Nepalese origin. The Customs Department issued a show cause notice for confiscation and penalties.

Confiscation Order and Penalties:
The case was adjudicated twice, resulting in an order for the confiscation of the iron scrap and the truck. Redemption fines were set for the confiscated items, along with the payment of customs duty. Penalties were imposed on the involved parties, including the owner of the goods, the truck owner, the driver, and the accompanying person. Appeals were filed against these orders.

Appeal and Decision:
The Commissioner (Appeals) set aside the confiscation order, leading to appeals by the Revenue. The arguments presented by both sides focused on the origin of the seized goods, the timing of interception, and the lack of evidence supporting smuggling allegations. The Department emphasized the spontaneous statement of the accompanying person implicating Nepalese origin. However, the Counsel for the respondent highlighted the absence of markings indicating foreign origin on the scrap and the lack of substantial evidence supporting smuggling claims.

Judgment:
The Tribunal analyzed the evidence and arguments presented by both parties. The key issue was whether the seized iron scrap was of smuggled origin. The burden of proof lay with the Department as the scrap was not listed under Section 123 of the Customs Act. The Tribunal noted conflicting statements regarding the origin of the scrap and the absence of markings indicating Nepalese origin. Ultimately, the Tribunal found no conclusive evidence supporting the scrap being of Nepalese origin and dismissed the Revenue's appeals, upholding the decision of the Commissioner (Appeals).