2006 (4) TMI 159 - HC - Customs

Summary

Issues Involved:

1. Confiscation of goods stored in a godown.
2. Imposition of personal penalties on various individuals.
3. Determination of whether the goods were notified items under Section 123 of the Customs Act.
4. Validity of statements recorded under Section 108 of the Customs Act.
5. Burden of proof regarding smuggled goods.

Detailed Analysis:

1. Confiscation of Goods Stored in a Godown:

The Directorate of Revenue Intelligence (DRI) received information about contraband import duty-free fabrics stored in a godown. Upon inspection, various items were found without supporting documentation for duty payment. The Commissioner of Customs confiscated these goods, but the Tribunal later set aside this order, stating that the items were non-notified under Section 123 of the Customs Act. The High Court, however, found that at least Items 3 to 5 were made of synthetic yarn and were notified goods. Therefore, the confiscation of these items was justified.

2. Imposition of Personal Penalties on Various Individuals:

The Commissioner of Customs imposed personal penalties on several individuals, including the owners of the godown, the transporter, and one Samir Saha. The Tribunal initially set aside these penalties. The High Court reinstated the penalties for Uma Chawla, Subhas Chawla, and Man Singh, finding sufficient evidence of their involvement. However, the penalty on Samir Saha was reduced from Rs. 5,00,000 to Rs. 2,00,000, as he was found responsible for only two of the five items.

3. Determination of Whether the Goods Were Notified Items Under Section 123 of the Customs Act:

The High Court scrutinized the Chemical Examiner's report, which indicated that Items 3 to 5 were made of synthetic yarn, thus qualifying as notified items under Section 123. The Tribunal's oversight of this report was deemed a substantial error of law. For Items 6 and 7, the High Court found that the statements and actions of Samir Saha suggested these were smuggled goods, even if they were non-notified items.

4. Validity of Statements Recorded Under Section 108 of the Customs Act:

Statements from various individuals were recorded under Section 108 of the Customs Act. The Tribunal had dismissed these statements, but the High Court found them credible and un-retracted. The court emphasized that statements under Section 108, if properly taken, can be used against the maker. Samir Saha's statements, which included admissions of ownership and readiness to pay duties, were particularly significant.

5. Burden of Proof Regarding Smuggled Goods:

The Tribunal initially ruled that the burden of proof was not met by the Revenue, as the items were non-notified. The High Court, however, clarified that once the items were identified as notified goods, the burden shifted to the individuals to prove that duties were paid. The court found that the initial burden was met by the Revenue through the Chemical Examiner's report and the statements recorded under Section 108.

Conclusion:

The High Court set aside the Tribunal's order, reinstating the confiscation of Items 3 to 7 and the personal penalties on Uma Chawla, Subhas Chawla, and Man Singh. The penalty on Samir Saha was reduced, but he was allowed to redeem Items 6 and 7 upon payment of the appropriate duty. The appeal was thus allowed to the extent indicated, with no order as to costs.