2010 (9) TMI 360 - AT - Customs

Confiscation - import of the perishable items - prohibited goods as per the Customs Act - goods were not up to the mark and fit for human consumption Held that - absolute confiscation by the lower authorities is correct - appeal is disposed of

Summary

Issues:
- Appeal against absolute confiscation of imported goods and penalties under Section 112 of the Customs Act, 1962.

Analysis:
1. The appellant imported assorted soft drinks and candy chocolate, which were found to be adulterated, with reduced shelf life, and mis-branded. The goods were absolutely confiscated, and a penalty of Rs. 1,50,000/- was imposed.

2. The appellant argued that the defects were curable and requested provisional release to rectify them. They claimed ignorance of the defects before examination by Custom authorities. The appellant sought permission to re-export the goods to the supplier for rectification.

3. The respondent contended that the goods, being perishable items for human consumption, had serious violations making them unfit for entry into the country. The Customs Act prohibits entry of such goods, and the penalty was justified due to mens rea on the appellant's part.

4. After hearing both sides, the judge noted the perishable nature of the goods and their unsuitability for human consumption based on the examination report. The lower authority's decision of absolute confiscation was upheld, barring entry of the goods into India.

5. The judge found no evidence of the appellant's prior knowledge of the defects in the imported goods, leading to the waiver of the penalty. The request for re-export was denied due to the goods' expired shelf life. The appeal was disposed of with the penalty waived and goods not permitted for re-export.