2001 (3) TMI 97 - SC - Customs

Why the gold in question should not be confiscated and penalty imposed under the Customs Act? Whether the High Court was justified in reversing the finding of fact recorded by the statutory authorities? Held that - Both the authorities below also rejected the document produced by Balan on the ground that the gold mentioned in that document could not be correlated to the gold recovered from the possession of the respondent. We do not find any perversity in the appreciation of this evidence by the original authority and the tribunal. It is based on these facts and circumstances that the gold seized from the possession of the respondent was confiscated by the order of the original authority as confirmed by the appellate authority. These findings of the authorities below to which we have made a brief reference to show that the findings are based on the material on record and, in our opinion, are arrived at on a reasonable and legitimate assessment of the evidence on record. The High Court, however, by the impugned order came to the conclusion that the initial burden of proving that the goods in question were smuggled, lay on the Department which according to it, was not discharged by the Department. This conclusion of the High Court is obviously based on a misappreciation of the evidence that was already considered by the lower authorities. The High Court, in our opinion, not only erred in reappreciating the evidence already considered by the authorities below and in that process committed a further error of substituting its subjective opinion in the place of the findings of the authorities below. Therefore, we are of the opinion that the finding of the High Court that the concurrent conclusions of the statutory authorities were either not based on evidence or were perverse, is unsustainable. Appeal allowed.

Issues Involved:
1. Legality of the seizure of gold biscuits.
2. Validity of the respondent's initial statement and its retraction.
3. Burden of proof regarding the illicit nature of the gold.
4. High Court's jurisdiction under Articles 226 and 227 of the Constitution.
5. Applicability of Section 123 of the Customs Act, 1962.

Detailed Analysis:

1. Legality of the Seizure of Gold Biscuits:
The respondent was intercepted by the police on 22nd October 1994, and 30 gold biscuits with foreign markings were recovered. The respondent admitted to purchasing the gold from an individual named P. Thomas but could not provide any documentation to prove the licit importation of the gold. Consequently, the gold was seized under the Customs Act on the reasonable belief that it was smuggled and liable for confiscation. The Customs authorities concluded that the respondent was transporting smuggled gold, as he was unable to provide a credible explanation or documentation for the possession of the gold.

2. Validity of the Respondent's Initial Statement and Its Retraction:
The respondent initially stated to the Customs authorities that he purchased the gold from P. Thomas. However, he later retracted this statement, claiming it was made under duress. The Magistrate noted that the respondent mentioned being threatened but found no physical harm or marks of violence. The authorities determined that the retraction was an afterthought and relied on the initial statement, which was consistent with the evidence on record.

3. Burden of Proof Regarding the Illicit Nature of the Gold:
The High Court concluded that the Department did not discharge the initial burden of proving that the gold was smuggled. However, the Supreme Court found this conclusion to be based on a misappreciation of evidence. The authorities had considered the respondent's inability to provide documentation, the fictitious nature of the individual named P. Thomas, and the belated and unconvincing claim by Balan, who alleged that he had legally imported the gold and handed it to the respondent. The authorities rejected Balan's claim as there was no correlation between the document produced and the gold seized.

4. High Court's Jurisdiction Under Articles 226 and 227 of the Constitution:
The Supreme Court held that the High Court erred in reappreciating the evidence and substituting its subjective opinion for the findings of the statutory authorities. The High Court's finding that the conclusions of the authorities were either not based on evidence or were perverse was deemed unsustainable. The Supreme Court emphasized that the High Court should not have re-evaluated the evidence but should have confined itself to checking the legality and procedural correctness of the authorities' decisions.

5. Applicability of Section 123 of the Customs Act, 1962:
The respondent contended that the presumption under Section 123 of the Customs Act could not apply as the gold was initially seized by the police. The Supreme Court noted that the police did not seize the gold but handed it over to the Customs authorities, who then seized it. The appellate authority did not rely on the presumption under Section 123 but on the material evidence showing the respondent's possession of unmarked gold biscuits and his evasive responses regarding their origin.

Conclusion:
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the order of confiscation and the penalty imposed by the Commissioner, as modified by the tribunal. The findings of the statutory authorities were based on a reasonable and legitimate assessment of the evidence, and the High Court's reappreciation of the evidence was deemed erroneous.

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