1985 (1) TMI 319 - AT - Customs

Summary

Issues:
1. Confiscation of vessel under Section 115(1) of the Act and imposition of fine.
2. Appeal by owners of the vessel and the Master.
3. Allegations of smuggling based on cavities found in the vessel.
4. Arguments regarding the nature of the cavities and purpose of smuggling.
5. Violation of Section 117 of the Act by owners and the Master.
6. Decision on the confiscation, fine reduction, and penalties imposed.

Analysis:
1. The case involved the rummaging of the vessel 'm.v. Rosario' at Visakhapatnam, where cavities were discovered in cabins occupied by the 2nd Officer and three crew members. The Additional Collector of Customs ordered the confiscation of the vessel under Section 115(1) of the Act and imposed a fine of &8377; 1 lakh, along with penalties on the owners of the vessel and the Master.

2. The owners of the vessel and the Master filed separate appeals challenging the confiscation and penalties imposed. The appellants argued that the spaces found were part of the normal structure of the vessel and not specifically made for smuggling purposes, citing the vessel's voyage history as evidence against smuggling activities.

3. The Departmental Representative contended that the manner in which the cavities were constructed indicated smuggling intentions, justifying the confiscation under Section 115(1). The Department argued that the presence of these cavities implied a violation by the owners and the Master under Section 117 of the Act.

4. After considering both arguments, the Tribunal upheld the confiscation of the vessel based on the alteration mentioned in Section 115(1)(a) of the Act. However, the fine in lieu of confiscation was reduced to &8377; 50,000 for the interests of justice. The Tribunal found that the vessel had been altered as per the Act's provisions.

5. Regarding the alleged violation of Section 117 by the owners and the Master, the Tribunal ruled in favor of the appellants. It highlighted the absence of specific rules under Section 115(2) regarding precautions to be taken by vessel owners, indicating no grounds for penalties on the owners or the Master.

6. In conclusion, the Tribunal set aside the penalties imposed under Section 117, providing consequential relief to the owners and the Master. The judgment clarified the distinction between the confiscation under Section 115(1) and the penalties under Section 117, ultimately favoring the appellants in this case.