9911796707
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Issues involved: Proceedings u/s 111(d) of the Customs Act, 1962 for confiscation of goods, imposition of penalties, confirmation of orders by appellate and revisional authorities, burden of proof on the Department, discrepancies in judgments.
Summary: 1. The petitioner and her husband faced proceedings u/s 111(d) of the Customs Act for confiscation of goods and imposition of penalties. The Assistant Collector ordered confiscation of zoom lenses and gilletin filters, along with penalties. The Central Board of Excise and Customs modified the order, reducing penalties and limiting confiscation. The petitioner challenged the final order in this petition u/s Article 226 of the Constitution. 2. The Court reviewed judgments of lower authorities and material evidence. It noted an error in placing the burden of proof on the petitioner, contrary to the nature of penal proceedings u/s Customs Act. The Department failed to discharge its burden before calling on the petitioner to disprove the case. 3. Regarding the zoom lenses, the petitioner provided receipts showing purchase, though the issuer was untraceable. The appellate authority accepted her explanation, finding no strong evidence from the Department for punitive action. The revisional authority did not address this issue. 4. Concerning the gilletin filters, the petitioner claimed importing them as personal baggage, supported by markings indicating customs clearance. A public notice exempted duty on goods up to Rs. 500, yet the authorities faulted her for not paying duty, despite no evidence of exceeding the exemption limit. 5. The Court criticized the authorities for placing undue burden on the petitioner in proving goods were not covered u/s 111(d) of the Customs Act. It highlighted the petitioner's acquittal in a criminal case related to the same goods, emphasizing the inapplicability of Section 123 of the Act. 6. Considering the circumstances, the Court set aside all orders against the petitioner, quashing the proceedings and ordering refunds of amounts paid. No costs were awarded in the petition.
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