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2010 (8) TMI 256 - HC - CustomsRedemption fine confiscation of supply vessel - unauthorised fuel oil transfers, issued by the Respondent to its crew, the Respondent had instructed all its crew the misdeeds that should not be done by them - Chief Engineer was one of the employees responsible for maintaining accurate amount of diesel and shared the common responsibility of managing bunkers - Tribunal has further noted from the order of the Adjudicating Authority that the Chief Engineer had kept the Master and Owners in the dark for his personal gain Held that - token amount should be imposed as redemption fine in lieu of the confiscation of the vessel on the Respondent and reduced the redemption fine imposed on the Respondent - Adjudicating Authority, took the view that the fine of Rs. 1,00,00,000/- imposed by the Adjudicating Authority, is excessive and reduced the same to Rs. 5,00,000/- - The view taken by the Tribunal cannot be termed as arbitrary or perverse and thus, needs no interference
Issues Involved:
1. Reduction of fine from Rs. 1,00,00,000/- to Rs. 5,00,000/- while confirming the confiscation of the supply vessel M.V. Sea Bulk Toota. 2. Setting aside the fine of Rs. 20,00,000/- in respect of 147 MTs of diesel stored in the supply vessel M.V. Sea Bulk Toota. Detailed Analysis: Issue 1: Reduction of Fine from Rs. 1,00,00,000/- to Rs. 5,00,000/- The Appellant-Revenue challenged the Tribunal's decision to reduce the fine imposed on the supply vessel M.V. Sea Bulk Toota from Rs. 1,00,00,000/- to Rs. 5,00,000/-. The Tribunal upheld the confiscation of the vessel but reduced the redemption fine, stating that the original fine was excessive. The Tribunal noted that the Chief Engineer acted independently for personal gain, keeping the Master and Owners unaware of the illegal activities. The Tribunal emphasized that the Respondent had issued strict instructions to the crew against unauthorized fuel transfers, which were ignored by the Chief Engineer. The High Court found that the Tribunal had applied its mind comprehensively to the facts and evidence presented, including the Adjudicating Authority's findings. The Tribunal's decision to reduce the fine was based on the understanding that the Respondent had no involvement in the smuggling and had taken preventive measures against such activities. Therefore, the High Court concluded that the reduction of the fine was neither arbitrary nor perverse and upheld the Tribunal's decision. Conclusion: The High Court answered question no. (i) in the negative, against the Appellant and in favor of the Respondent, affirming the reduction of the fine to Rs. 5,00,000/-. Issue 2: Setting Aside the Fine of Rs. 20,00,000/- in Respect of 147 MTs of DieselThe Tribunal had set aside the fine of Rs. 20,00,000/- imposed for the 147 MTs of diesel stored in the supply vessel M.V. Sea Bulk Toota, where smuggled HSD was mixed with legally acquired diesel. The Appellant-Revenue argued that this action contradicted the finding that the vessel was involved in smuggling activities. The Tribunal's decision was based on the premise that the Respondent had no knowledge of the smuggled diesel mixed with the legally acquired diesel. The High Court referred to Section 120 of the Customs Act, which allows for the confiscation of goods mixed with smuggled goods unless the owner proves lack of knowledge or reason to believe that the goods included smuggled items. The Tribunal did not provide a finding in terms of the proviso to Section 120, which necessitated a reassessment of the fine. Conclusion: The High Court set aside the Tribunal's order concerning the fine of Rs. 20,00,000/- and remanded the issue back to the Tribunal for fresh determination. The Tribunal was directed to hear the parties and decide the issue within six months, keeping all contentions open and uninfluenced by the High Court's observations. Final Disposition:The High Court disposed of the appeal by upholding the reduction of the fine to Rs. 5,00,000/- for the confiscation of the vessel and remanding the issue of the Rs. 20,00,000/- fine for the 147 MTs of diesel back to the Tribunal for fresh determination.
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