2009 (9) TMI 593 - HC - Customs

Penalty - documents produced by the driver of the truck pertaining to the goods were forged - No material was brought on record Held that - When the documents seized from the driver of the truck found forged then no reason to interfere with the impugned order of the Tribunal which is hereby sustained.

Summary

Issues: Alleged customs violation and penalty imposition under Section 125 of the Customs Act.

Analysis:
1. The petitioner's counsel argued that a truck carrying ginger from Nepal was detained by custom officers due to forged documents. The penalty of five lacs imposed under Section 125 of the Customs Act was reduced to one lacs by the Tribunal, which the petitioner deemed unwarranted. The petitioner sought the cancellation of the penalty.

2. The Union of India's counsel justified the Tribunal's decision to reduce the penalty and supported the impugned order.

3. The judge, after hearing both parties and examining the available material, noted that the Chinese truck with forged documents was detained by the Custom Department. There was a lack of evidence to prove the goods' origin from Nepal or that they were not of Chinese origin. With no additional material presented, the judge found no reason to interfere with the Tribunal's decision, which was upheld based on the reasons provided. The petitioner had already received substantial relief from the Tribunal, and no further relief was deemed necessary.

4. Ultimately, the judge concluded that the writ petition lacked merit and dismissed it accordingly.