2013 (5) TMI 142 - AT - Customs

Illegal importation of goods into India - 150 pcs. of NIKE brand shoes of third country origin were loaded at Ramgarhwa, in the Scorpio vehicle bearing a fake Registration Number & were intercepted by the Customs on 17.03.2007. On interrogation of the occupants of the said vehicle, it was revealed that the vehicle belonged to the Appellant No.(1) Shri Ravishankar Kumar and the goods were smuggled - Held that - The fact remains that the statements furnished by the occupants of the vehicle had not been contradicted. In these circumstances, the involvement of these three Appellants in bringing of the goods of third country origin to India cannot be absolutely ruled out, as held by both the lower authorities. No merit in the Appeals to record a finding contrary to the ones recorded concurrently by the authorities below, thus the penalties imposed on these Appellants appear to be excessive hence, to meet the ends of justice penalty imposed on the Appellant No.(1), Shri Ravishankar Kumar be reduced to Rs.30,000.00 and on the other two Appellants, namely, Shri Pawan Kumar Singh and Md. Shamim be reduced to Rs.10,000.00 on each of them. The Appeals are thus partly allowed to the extent of reduction of penalties, as above.

Issues:
Illegal importation of goods, absolute confiscation of goods and vehicle, imposition of penalties, involvement of appellants, authenticity of statements, reduction of penalties.

Analysis:

Issue 1: Illegal Importation of Goods
The case involved the interception of a vehicle carrying 150 pcs. of foreign-made shoes of third country origin. The goods were found concealed in the vehicle, and the individuals in the vehicle provided statements regarding the origin and transportation of the goods. The goods were not accompanied by valid importation documents, leading to suspicions of illegal importation.

Issue 2: Absolute Confiscation of Goods and Vehicle
The Adjudicating Authority had ordered the absolute confiscation of the 150 pcs. of shoes and the Scorpio vehicle under relevant sections of the Customs Act, 1962. The authorities found the goods to be of third country origin and the vehicle to have a fake registration number. The penalties imposed were based on these findings.

Issue 3: Imposition of Penalties
Penalties were imposed on the appellants based on their alleged involvement in the illegal importation of goods. The penalties were upheld by the Commissioner (Appeals), leading to the filing of appeals before the Tribunal. The appellants argued against their involvement and the excessive nature of the penalties imposed.

Issue 4: Involvement of Appellants and Authenticity of Statements
The appellants denied their involvement in the smuggling operation. Statements provided by the individuals in the vehicle initially indicated ownership and knowledge of the goods by the appellants. However, discrepancies arose later, with retractions made by the driver regarding ownership of the vehicle. The authenticity and consistency of these statements were crucial in determining the appellants' roles.

Issue 5: Reduction of Penalties
After considering the facts and circumstances of the case, the Tribunal found that while the involvement of the appellants could not be entirely ruled out, the penalties imposed were excessive. The Tribunal reduced the penalties significantly to ensure a fair outcome and meet the ends of justice.

In conclusion, the Tribunal partially allowed the appeals by reducing the penalties imposed on the appellants. The decision was based on the assessment of the evidence, statements provided, and the overall circumstances of the case. The judgment aimed to strike a balance between holding the appellants accountable and ensuring fairness in the penalty imposition.

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