1995 (7) TMI 77 - HC - Customs

Summary

Issues:
1. Confiscation of gold and cash by Customs department.
2. Compliance with notice requirements under Section 124 of the Customs Act.
3. Confiscation of cash amount of Rs. 1845.
4. Tribunal's failure to address key points raised in the appeal.

Detailed Analysis:
The judgment pertains to a petition filed under Article 226 of the Constitution challenging the Customs, Excise & Gold (Control) Appellate Tribunal's order dismissing an appeal against the confiscation of six pieces of gold and Rs. 1845 in Indian currency. The petitioners, a dealer in gold and his employee, were apprehended with the gold and cash. The Customs department alleged that the gold was purchased illegally. The Additional Collector confiscated the gold, cash, and imposed penalties. The petitioners' appeals to higher authorities were also dismissed, leading to the present petition.

The main contention raised was regarding the compliance with notice requirements under Section 124 of the Customs Act. The petitioners argued that the show cause notices were served after the prescribed six-month period from the seizure of goods, rendering the confiscation invalid. Citing relevant case law, the petitioners emphasized the importance of timely notice delivery. The Tribunal's cursory dismissal of this argument was criticized for placing the burden of proof on the wrong party. The judgment highlighted the department's obligation to prove compliance with statutory timelines, which the Tribunal failed to address adequately.

Another issue raised was the confiscation of the cash amount, which was not linked to any smuggled goods. The Tribunal's silence on this matter was noted, indicating a lack of thorough consideration. The petitioners' counsel also pointed out that several other points raised in the appeal were not addressed by the Tribunal, further underscoring the inadequacy of the decision. The judgment concluded that the Tribunal's failure to address crucial aspects necessitated setting aside the impugned order and remitting the matter back for rehearing in accordance with the law.

In the final verdict, the writ petition was allowed, costs were awarded, and the impugned order was set aside. The Tribunal was directed to rehear the appeal comprehensively and make a decision in adherence to legal requirements.