2018 (3) TMI 1498 - AT - Customs

Export of prohibited goods - Smuggling - export of Pulses to Nepal - confiscation of seized goods with vehicle - penalties - Held that - There is no dispute that Shri Panna Lal Shah claimed as the owner of the goods as it was returned by Shri Lal Babu Prasad. It is noted that the Department had not disputed these transactions. In this transaction there is no material available on record that the appellant attempted for illegal export of goods to Bangladesh. In any event, the goods were covered with the documents. Hence, the onus lies with the department to establish that goods are of smuggled nature as it is non notified items. The Tribunal in the case of Mohd. Tahir Vs. Commissioner of Customs (Lucknow) 2013 (4) TMI 60 - CESTAT NEW DELHI held that statement of co-accused cannot be made the sole basis for arriving at a decision against the other accused - In the present case, it is noted that the statement of Driver is uncorroborative in nature. The impugned Orders cannot be sustained - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Confiscation of seized goods under Customs Act, 1962
- Imposition of penalties on the appellant
- Ownership claim of the goods
- Allegations of illegal export to Nepal
- Evaluation of evidence and legal precedents
- Burden of proof on Revenue for non-notified items
- Consideration of circumstantial evidence
- Applicability of legal judgments in similar cases

Confiscation of Seized Goods under Customs Act, 1962:
The case involved the confiscation of seized Urad Dal and other pulses under Section 113(b) and (d) of the Customs Act, 1962, along with the tractors, due to an attempt to export banned items to Nepal. The Adjudicating authority initially confiscated the goods and imposed penalties, which were upheld by the Commissioner (Appeals).

Ownership Claim of the Goods:
The claimant, identified as Shri Panna Lal Shah, asserted ownership of the goods, stating they were purchased from Shiva Traders in Delhi and transported by Delhi Gujarat Road Line. The goods were allegedly returned in a damaged condition by Lalbaboo Prasad of Om Shakti Traders, and were provisionally released to the claimant. The Adjudicating authority based the confiscation on the driver's statement, disregarding available records.

Evaluation of Evidence and Legal Precedents:
The Tribunal analyzed the documents provided by the claimant, including bills and invoices, to establish ownership of the seized pulses. It was noted that the onus was on the department to prove the goods were of smuggled nature, especially since they were non-notified items. Legal precedents were cited to emphasize the importance of concrete evidence over circumstantial evidence in such cases.

Burden of Proof on Revenue for Non-Notified Items:
In cases involving non-notified items like pulses, the burden of proving smuggling lies heavily on the Revenue. The Tribunal referred to various judgments to highlight that the department must provide positive evidence to establish illegal entry or smuggling of goods, failing which confiscation cannot be justified.

Consideration of Circumstantial Evidence:
The Tribunal emphasized that circumstantial evidence alone cannot suffice to prove smuggling of non-notified goods. Legal judgments were cited to support the view that the Revenue must present concrete evidence, and any irregularities in documentation or statements do not conclusively establish smuggling.

Applicability of Legal Judgments in Similar Cases:
The Tribunal, after considering the circumstances and legal precedents cited by the appellant's counsel, concluded that the impugned orders of confiscation and penalties could not be sustained. Therefore, the orders were set aside, and the appeals filed by the appellants were allowed.

This detailed analysis of the judgment highlights the issues of confiscation, ownership claim, burden of proof, and the significance of concrete evidence in cases involving non-notified goods under the Customs Act, 1962. The Tribunal's decision was based on a thorough evaluation of evidence, legal precedents, and the specific circumstances of the case.