1985 (2) TMI 46 - HC - Customs

Summary

Issues Involved:
1. Legality and correctness of orders passed by customs authorities.
2. Confiscation of gold, Indian currency, and other items under various sections of the Customs Act.
3. Impact of acquittal in criminal proceedings on adjudication proceedings.
4. Application of the principles of issue estoppel and res judicata.
5. Sufficiency of material evidence for the conclusions drawn by the authorities.
6. Appropriateness of the penalty imposed.

Issue-wise Detailed Analysis:

1. Legality and Correctness of Orders Passed by Customs Authorities:
The Petitioner challenged the legality and correctness of the orders passed by the customs authorities under Articles 226 and 227 of the Constitution. The customs authorities had initiated proceedings under Sections 111(a), 112, and 115(2) of the Customs Act, 1962, in connection with the import of gold bullion into India in contravention of the Customs Act provisions.

2. Confiscation of Gold, Indian Currency, and Other Items:
On December 3, 1970, the Collector of Customs issued a show cause notice to the Petitioner regarding the adjudication proceedings under Sections 111(d), 112, and 115(2) of the Customs Act. The customs officers intercepted a car carrying contraband gold and, upon interrogation, linked the gold to the Petitioner. The customs authorities seized 29 bars of gold from one individual and 11 bars and a nugget from another, along with Indian currency of Rs. 83,100/- and a foreign-origin transistor radio from the Petitioner's premises. The gold, currency, and radio were confiscated under various sections of the Customs Act, and penalties were imposed on the Petitioner and others involved.

3. Impact of Acquittal in Criminal Proceedings on Adjudication Proceedings:
The Petitioner argued that the adjudication proceedings should not have been initiated or proceeded with, given the acquittal in the criminal proceedings. The Petitioner was acquitted by the Additional Chief Metropolitan Magistrate, and the acquittal was confirmed by the High Court. The Petitioner contended that the customs authorities could not record findings contrary to those of the criminal courts, invoking the principles of issue estoppel and res judicata.

4. Application of the Principles of Issue Estoppel and Res Judicata:
The Court addressed the Petitioner's argument that the adjudication proceedings were barred by issue estoppel and res judicata. The Petitioner relied on judgments from the Kerala High Court and the Madras High Court to support this contention. However, the Court rejected this argument, citing a Division Bench judgment of the Bombay High Court, which held that the powers of the customs authorities to adjudicate and impose penalties are independent of the outcome of criminal proceedings.

5. Sufficiency of Material Evidence for the Conclusions Drawn by the Authorities:
The Petitioner argued that there was insufficient material to conclude that the currency found represented the sale proceeds of smuggled goods. The Court, however, stated that in a petition under Article 226, the sufficiency of evidence is not a ground for interference. The Court cited a Division Bench judgment, which emphasized that the enquiry authorities are the sole judges of facts, and sufficiency of evidence cannot be challenged unless the finding is based on no legal evidence.

6. Appropriateness of the Penalty Imposed:
The Petitioner contended that the penalty imposed was too heavy, considering the explanation that the currency was deposited by another individual for safe custody. The Court found no substance in this contention and dismissed the petition, discharging the rule without any order as to costs.