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Challenge to the legality of the order confiscating the vessel under Section 115(2) of the Customs Act, 1962. Detailed Analysis: 1. Confiscation Order Challenge: The petitioners, a government corporation, challenged the legality of the order confiscating the vessel "Mohamadi" under Section 115(2) of the Customs Act, 1962. The vessel was found to have contraband wrist watches concealed on board, leading to the confiscation order by the Additional Collector of Customs (Preventive) Bombay. The petitioners contended that the Master of the ship and the owners were unaware of the smuggling activities and had taken reasonable steps to search the vessel. Despite the denial of knowledge and the lack of personal penalty imposed under Section 112 of the Act, the vessel was confiscated based on the failure to establish the absence of knowledge. 2. Legal Arguments: The counsel for the petitioners argued that the Additional Collector erred in confiscating the vessel under Section 115(2) despite acknowledging the lack of evidence showing the Master or owner's knowledge of the smuggling activities. The counsel emphasized that the Master's denial of knowledge should have been sufficient, and the burden of proving the absence of knowledge should not have been placed on the Master. The conflicting findings of the Additional Collector, stating both the absence of personal knowledge and the failure to establish the absence of knowledge, rendered the confiscation order unsustainable. 3. Judgment and Relief Granted: The High Court, after considering the arguments, found in favor of the petitioners. The Court set aside the order of confiscation passed by the Additional Collector, specifically concerning the vessel "Mohamadi." As a result of setting aside the confiscation order, the question of redeeming the vessel on payment of a fine was deemed unnecessary. The Court clarified that the rest of the order was upheld, and no costs were awarded in the circumstances of the case. The petitioners were granted relief by having the confiscation order overturned, emphasizing the importance of proving knowledge in cases of confiscation under the Customs Act, 1962. This detailed analysis highlights the legal challenge to the confiscation order, the arguments presented, and the ultimate relief granted by the High Court in setting aside the order based on the lack of evidence establishing knowledge of smuggling activities by the Master or owner of the vessel.
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