1982 (10) TMI 47 - HC - Customs

Summary

Issues Involved:
1. Confiscation of the vessel.
2. Imposition of personal penalty on the Master.
3. Compliance with Section 115(2) of the Customs Act, 1962.
4. Amendment of the ship's manifest under Section 30(1) of the Customs Act, 1962.

Detailed Analysis:

1. Confiscation of the Vessel:
The vessel owned by the Company, an undertaking of the Government of India, was found to contain contraband during a search by Customs officers. The contraband included wristwatches and gold bars, which were concealed in various parts of the vessel. Despite the Master's efforts to prevent smuggling, including admonishing the crew and conducting a search, the vessel was seized and later released upon execution of a bond. The Collector of Customs issued an order confiscating the vessel with an option to redeem it on payment of Rs. 80,000/-. The High Court found that the Master had taken all reasonable precautions to prevent smuggling, as required under Section 115(2) of the Customs Act, 1962. The Court noted the absence of any rules specifying the precautions to be taken, thus the actions of the Master were deemed sufficient. The Court concluded that the confiscation of the vessel was unwarranted and set aside the order.

2. Imposition of Personal Penalty on the Master:
A personal penalty of Rs. 10,000/- was imposed on the Master by the Additional Collector of Customs. The Master had issued a strong admonition to the crew against smuggling and conducted a search of the vessel. The Court found that the Master had taken sufficient precautions and that the contraband was placed in areas accessible to many individuals. The Court also highlighted that the Rummaging Department officers are experts in discovering contraband, unlike the Master. The Court determined that the imposition of the personal penalty was unjustified and set aside the penalty.

3. Compliance with Section 115(2) of the Customs Act, 1962:
Section 115(2) of the Customs Act, 1962, was central to the case. This section provides for the confiscation of any conveyance used in the smuggling of goods unless the owner and the person in charge prove that the conveyance was used without their knowledge or connivance and that they took all necessary precautions. The Court found that the Master had taken all reasonable precautions, including admonishing the crew and conducting a search. The Court emphasized that there were no specific rules detailing the precautions to be taken, and thus the Master's actions were sufficient. The Court held that the confiscation of the vessel was not justified under Section 115(2).

4. Amendment of the Ship's Manifest under Section 30(1) of the Customs Act, 1962:
The respondents argued that the Master should have amended the ship's manifest to include the seized contraband, as required under Section 30(1) of the Customs Act, 1962. The Court interpreted Section 30(1) and the Import Manifest (Vessels) Regulations, 1971, concluding that the manifest pertains to goods legitimately carried by the vessel. The Court held that the Master was under no obligation to include contraband in the manifest. The Court also referenced the Calcutta High Court decision in J.D. Crighton v. S.K. Srivastava, noting that the absence of fraudulent intent on the Master's part meant he was not liable for failing to amend the manifest. The Court found that the imposition of a personal penalty on the Master for not amending the manifest was unjustified.

Conclusion:
The High Court allowed the appeal, setting aside the confiscation of the vessel and the imposition of the personal penalty on the Master. The Court ordered the refund of the fine and penalty paid by the Company and the Master, respectively, and directed the respondents to pay the costs of the appeal.