9911796707
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Issues:
1. Confiscation of U.S.A. currency and penalties imposed under the Customs Act, 1962. 2. Confiscation of vessel S.T. Speedway and imposition of import duty. 3. Application of fundamental principles of criminal jurisprudence and natural justice in customs proceedings. 4. Circumstantial evidence linking the petitioner to the alleged offenses. 5. Interpretation of Section 115(2) of the Customs Act, 1962 regarding confiscation of goods. Detailed Analysis: 1. The judgment concerns the confiscation of U.S.A. currency, penalties imposed under the Customs Act, 1962, and the imposition of import duty. The respondent, the Collector of Customs and Central Excise, confiscated U.S.A. currency, imposed penalties on the vessel's officers, and ordered import duty payment on whisky cases. The petitioner, the vessel's captain, challenged the penalties and confiscation. 2. The vessel, S.T. Speedway, owned by Gothic Shipping Co., arrived at Cochin Port with whisky stock. Customs officers discovered a shortage of whisky cases, leading to penalties and confiscation. The petitioner denied knowledge of the offenses but admitted responsibility for stock distribution. The judgment questioned the penalties and vessel confiscation. 3. The judgment highlighted the application of criminal jurisprudence and natural justice in customs proceedings. It referenced a Supreme Court decision stating that customs inquiries must adhere to fundamental principles of justice. The burden of proof lies with customs authorities to establish guilt through satisfactory evidence. 4. The judgment analyzed circumstantial evidence linking the petitioner to the offenses. It dismissed the recovery of U.S.A. currency from the petitioner's cabin as insufficient proof. The petitioner's role in stock distribution did not conclusively connect him to the offenses. Lack of explanation for additional whisky purchase was deemed a misinterpretation. 5. The judgment interpreted Section 115(2) of the Customs Act, 1962 regarding vessel confiscation. It clarified that goods in the vessel's bonded store were not liable for duty until taken out. The manner in which the whisky cases were removed did not implicate the vessel or the petitioner. The respondent failed to levy duty on the officer responsible for the sale. In conclusion, the judgment quashed the order to the extent challenged, citing lack of evidence linking the petitioner to the offenses and unjust vessel confiscation. It emphasized the need for valid grounds and adherence to the law in customs proceedings.
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