1959 (10) TMI 2 - HC - Customs

Summary

Issues Involved:
1. Validity of the impugned order based on statements recorded in the absence of the petitioners.
2. Sufficiency of evidence to support the finding of illegal importation of gold sovereigns.
3. Compliance with principles of natural justice.
4. Applicability of Section 178A of the Sea Customs Act.

Issue-wise Detailed Analysis:

1. Validity of the Impugned Order Based on Statements Recorded in the Absence of the Petitioners:

The petitioners contended that the impugned order dated November 25, 1958, was illegal as it was based on 14 statements recorded by investigating officers in their absence. They argued that the principles of natural justice require that evidence of the opponent should be taken in the presence of the other party. The court noted that the statements were recorded from persons indicated by the petitioners themselves to prove their case. The first respondent had informed the petitioners that they could call these persons before him to question their statements, but the petitioners did not avail themselves of this opportunity. The court concluded that the first respondent's reliance on these statements did not violate the principles of natural justice as the petitioners were given ample opportunity to challenge the statements.

2. Sufficiency of Evidence to Support the Finding of Illegal Importation of Gold Sovereigns:

The petitioners argued that there was no evidence on record to support the finding that the gold sovereigns were imported into India in contravention of the relevant notifications. The court observed that the decision was based on suspicion arising from the statements made by various persons, which were destructive of the petitioners' case. The court held that the burden was on the department to prove that the sovereigns were imported illegally, and the first respondent's finding was based merely on suspicion without positive evidence.

3. Compliance with Principles of Natural Justice:

The court examined whether the first respondent complied with the principles of natural justice. It referred to the Supreme Court's observations in Union of India v. T.R. Verma and New Prakash Transport Co. v. New Suwarna Transport Co., which emphasized that a party should have the opportunity to adduce evidence, cross-examine witnesses, and explain materials relied upon against them. The court concluded that the first respondent had acted in accordance with these principles by providing the petitioners with copies of the statements and offering them the opportunity to examine the witnesses.

4. Applicability of Section 178A of the Sea Customs Act:

The court considered whether the presumption under Section 178A of the Sea Customs Act applied to the case. The first respondent categorically stated that he did not rely on Section 178A and did not place the burden of proof on the petitioners. The court accepted this statement and held that the department needed to provide positive evidence of illegal importation. Since the first respondent's finding was based on suspicion and not on positive evidence, the court found an error apparent on the record and set aside the impugned order.

Conclusion:

The court concluded that the impugned order dated November 25, 1958, was invalid due to the lack of positive evidence supporting the finding of illegal importation and the violation of principles of natural justice. The petitioners were entitled to the relief claimed, and the rule was made absolute with costs. The respondents were given ten days to obtain an order from the appeal court.