2021 (11) TMI 1171 - HC - Customs

Principles of natural justice - request for cross-examining the independent witnesses rejected - confiscation of seized goods - contraband item - HELD THAT - The petitioner's request for cross-examining the independent witnesses was turned down by an order dated April 6, 2017 and, though the petitioner renewed the prayer to cross-examine the relevant witnesses in course of the personal hearing afforded by the Additional Commissioner of Customs, the decision to decline such opportunity was not challenged. Further, as the departmental and Tribunal orders indicate, the initial stand of the petitioner was not that the contraband was not recovered from the person of the petitioner. Whatever may have been the basis for finding against the petitioner and the award of the nominal penalty, the petitioner will be entitled to make a prayer in accordance with law to examine any witness, whose statement may be used against the petitioner in course of the criminal proceedings. It will also be open to the petitioner to question the veracity of the statement attributed to the petitioner in course the petitioner's appearance on August 22, 2016. The order impugned dated March 11, 2020 does not call for any interference since cogent grounds have been indicated therein upon relevant considerations having been taken into account - Petition disposed off.

Summary

Issues:
1. Assailing an order passed by the Customs, Excise and Service Tax Appellate Tribunal.
2. Denial of opportunity for cross-examination of witnesses.
3. Allegations of breach of principles of natural justice.
4. Contradictory assertions made by the petitioner.
5. Request for cross-examining independent witnesses.
6. Validity of the order reducing penalty.
7. Impact of the Tribunal's findings on criminal proceedings.

Analysis:

1. The petitioner challenged an order by the Customs, Excise and Service Tax Appellate Tribunal, where the goods seized from the petitioner were confiscated, and the penalty was reduced to Rs. 10,000. The petitioner raised concerns about facing prejudice in criminal proceedings due to lack of opportunity for cross-examining witnesses at the time of seizure and questioned the veracity of a statement made before the Directorate of Revenue Intelligence.

2. The petitioner contended a breach of natural justice principles as they were not allowed to cross-examine witnesses. The petitioner, through an Advocate, suggested that the goods might have been discovered from elsewhere in the vehicle, not from their person, and requested permission to cross-examine the alleged independent witnesses present during the seizure.

3. The respondent authorities argued that the petitioner attempted to make a new case after the investigation concluded, alleging that the recovery was not from their person. The department claimed this assertion contradicted the petitioner's earlier statement, and the denial of the opportunity for cross-examination was justified based on the petitioner's initial stand and subsequent actions.

4. Despite the petitioner's plea for cross-examining witnesses being rejected, the judgment highlighted that the petitioner could seek to examine any witness relevant to the criminal proceedings and challenge the statement attributed to them during a previous appearance. The judgment emphasized that the criminal court should not be unduly influenced by the findings in the impugned order when assessing criminal charges.

5. Ultimately, the court found no grounds for interference with the impugned order, as it was based on relevant considerations. The case was disposed of without costs, leaving the petitioner avenues to address concerns regarding witness examination and statement veracity in the ongoing criminal proceedings.

This detailed analysis of the judgment addresses the multiple issues raised by the petitioner and provides a comprehensive overview of the court's decision and reasoning.