1987 (11) TMI 92 - HC - Customs

Summary

Issues:
1. Challenge to the legality of the order passed by the Customs, Excises and Gold Control Appellate Tribunal.
2. Confiscation of a vessel and imposition of fines under the Customs Act.
3. Burden of proof on the owner, agent, and person-in-charge of the vessel regarding smuggling activities.
4. Applicability of the decision in Mogul Line Limited v. Additional Collector of Customs.
5. Quantum of fine imposed in lieu of confiscation.

Detailed Analysis:
Issue 1: The appeal was filed against the order summarily dismissing Writ Petition No. 1938 of 1983, which sought to challenge the legality of the order passed by the Customs, Excises and Gold Control Appellate Tribunal under Section 129-A of the Customs Act. The Tribunal confirmed the confiscation of the vessel and reduced the fine imposed on the owner.

Issue 2: The Additional Collector of Customs had confiscated the vessel under Section 115(2) of the Customs Act, along with other contravened goods, and allowed the owner to redeem it on payment of a specified amount. The Tribunal upheld the confiscation but reduced the fine imposed on the owner. The appellant contended that the confiscation and fine were not in accordance with the law.

Issue 3: Section 115(2) of the Customs Act places the burden on the owner, agent, and person-in-charge of the vessel to prove that the vessel was used for smuggling without their knowledge or connivance. In this case, the Master of the vessel was one of the occupants during the smuggling activities, indicating knowledge and involvement.

Issue 4: The appellant relied on a previous judgment, Mogul Line Limited v. Additional Collector of Customs, to argue that the owner had no personal knowledge of the smuggling activities. However, the court found that the owner's lack of involvement in the conspiracy did not absolve the person-in-charge of the vessel.

Issue 5: The appellant also challenged the quantum of the fine imposed in lieu of confiscation as excessive. The Tribunal had already reduced the fine, and the court upheld this decision, emphasizing that the appellate jurisdiction could not disturb the decision of the adjudicating authorities.

In conclusion, the appeal was dismissed by the High Court, upholding the order of the Tribunal regarding the confiscation of the vessel and the fine imposed. The court found no infirmity in the decision of the adjudicating authorities and agreed with the dismissal of the writ petition by the Single Judge.