1983 (11) TMI 66 - HC - Customs

Summary

Issues:
1. Confiscation of goods and vessel under the Customs Act.
2. Imposition of personal penalty on the owners, Master, and 4th Engineer.
3. Compliance with Section 115(2) and Section 112 of the Customs Act.

Analysis:
The judgment by M.L. Pendse, J., involved two petitions challenging an order passed by the Additional Collector of Customs regarding the confiscation of goods and a vessel. The facts revealed multiple instances of foreign goods being found on the vessel without the knowledge of the owners or Master, leading to confiscation and imposition of penalties. The petitioners contested the confiscation and personal penalties, arguing lack of prior knowledge or connivance in smuggling.

Regarding the confiscation under Section 115(2) of the Customs Act, the judge highlighted the necessity for owners and Masters to take specified precautions against smuggling, as per the rules. However, since no such rules were framed by Customs authorities, the Additional Collector's conclusion of insufficient precautions by the owners and Master was deemed unfounded. The judgment emphasized the impossibility of directing confiscation without clear rules on required precautions, leading to the setting aside of the vessel's confiscation order.

On the issue of personal penalties under Section 112 of the Act, the judge scrutinized the requirement for penalties based on acts or omissions that render goods liable to confiscation under Section 111. Despite the lack of evidence implicating the owners or Master in the smuggling, the Additional Collector imposed penalties. The judgment emphasized the necessity for prior knowledge of the existence of smuggled goods for penalty imposition, refuting the department's argument based on Section 111(f) and Section 30(3) regulations.

Consequently, the petitions succeeded in setting aside the vessel's confiscation order and personal penalties on the Master and owners under Section 112. The penalty on the 4th Engineer was upheld. The judgment concluded by absolving the petitioners from costs, ordering the refund of deposited amounts, and discharging bank guarantees, while allowing the Department to enforce the 4th Engineer's bank guarantee for penalty recovery.