2018 (7) TMI 343 - AT - Customs

Smuggling - Recodex Cough Syrup were attempted to export to Bangladesh illegally - Confiscation - Redemption Fine - Penalty - Held that - Shri Satya Ranjan Saha of Universal Drug Centre had given contradictory statement. Once he stated that he had no knowledge of the offending goods. Subsequently, he has claimed the ownership of the goods. Thus, there is no reliability on the statement of Shri Satya Ranjan Saha. Similarly, Shri Nilanjan Dutta had claimed the provisional release of the goods without any proper evidence. It appears from the record that Shri Nilanjan Dutta had sent his representative at Kolkata, Shri Tamal Sengupta to book the seized consignment from Kolkata and payment was made by Shri Satya Ranjan Saha. Therefore, there is a clear evidence of involvement of both the appellants in attempting to export of the goods. However, the quantum of fine and penalties are excessive and thus the quantum of redemption Fine and penalty reduced - appeal allowed in part.

Summary

Issues:
1. Seizure of goods suspected to be illegally exported.
2. Confiscation of goods and imposition of penalties.
3. Contradictory statements by involved parties.
4. Evidence of involvement in attempting to export goods.
5. Excessive quantum of fines and penalties.

Seizure of Goods Suspected to be Illegally Exported:
The Customs Officers intercepted a truck carrying Recodex Cough Syrup suspected of being illegally exported to Bangladesh. The consignor and consignee were identified, and the goods were seized based on a reasonable belief of illegal export. Statements from involved parties revealed discrepancies regarding ownership and knowledge of the goods, leading to further investigation.

Confiscation of Goods and Imposition of Penalties:
After seizure, the adjudicating authority confiscated the Recodex Cough Syrup and imposed fines and penalties on the parties involved. The Commissioner (Appeals) modified the order, setting aside the confiscation of miscellaneous goods but upholding the confiscation of the cough syrup. Penalties were maintained on the appellants, albeit with modifications in the quantum of fines and penalties imposed.

Contradictory Statements by Involved Parties:
The statements provided by the proprietor of Universal Drug Centre and the owner of Sherawali Trade & Transport were contradictory and lacked reliability. The conflicting accounts regarding ownership and involvement in the export of goods raised doubts about the veracity of the parties' claims, leading to further scrutiny by the authorities.

Evidence of Involvement in Attempting to Export Goods:
Based on the findings and evidence presented, it was established that both appellants were involved in the attempted illegal export of the cough syrup to Bangladesh. The Commissioner (Appeals) highlighted misleading statements, lack of proper records, and misuse of drug licenses, indicating a clear attempt at smuggling the goods. The adjudicating authority's decision to confiscate the goods and impose penalties was upheld.

Excessive Quantum of Fines and Penalties:
While affirming the confiscation and penalties, the appellate tribunal acknowledged the excessive quantum of fines and penalties imposed. Consequently, the tribunal modified the order, reducing the redemption fine and penalties on the appellants to more reasonable amounts, considering the circumstances of the case and the evidence presented during the proceedings.

This detailed analysis of the judgment covers the issues involved comprehensively, outlining the sequence of events, legal arguments, findings, and the final decision rendered by the appellate tribunal.