2000 (4) TMI 140 - AT - Customs

Summary

Issues:
Challenge to Order-in-Original by Appellant Duli Chand - Allegations of illegal activities, police involvement, and false statements - Reliance on inculpatory statements recorded by Customs officers - Claim of ownership on seized items - Penalty under Section 112(b) of the Customs Act - Prejudiced view of Commissioner - Legal principles regarding burden of proof in seizure cases.

Analysis:

1. Challenge to Order-in-Original:
Appellant Duli Chand contested the Order-in-Original passed by the Commissioner of Customs, alleging a dramatic sequence of events involving access to a flat with concealed Indian currencies, police involvement, and coercion to admit ownership of seized items. Despite the retraction of earlier statements, a show cause notice was issued for confiscation and penalty under Section 112(b) of the Customs Act.

2. Reliance on Inculpatory Statements:
Various inculpatory statements were recorded by the Police and Customs officers while Duli Chand was in custody, leading to conflicting accounts. The Commissioner's reliance on these statements was questioned, especially considering the coercive environment and the questionable conduct of the police and customs officials involved in the case.

3. Claim of Ownership and Penalty Imposition:
Duli Chand did not claim ownership of the seized gold and currency during the proceedings. The focus of the appeal was primarily on seeking relief from the penalty imposed under Section 112(b) of the Customs Act, with no assertion of ownership over the confiscated items.

4. Legal Principles and Prejudiced View:
The Tribunal referenced legal precedent regarding burden of proof in seizure cases, emphasizing that the Commissioner erred in attributing the seized money to trafficking in smuggled gold without sufficient evidence. The Tribunal also criticized the Commissioner's prejudiced view towards Duli Chand seeking legal representation, considering the complex circumstances involving police and customs officials.

5. Decision and Disposition of Appeal:
In light of the analysis, the Tribunal quashed the part of the Commissioner's order imposing a penalty under Section 112(b) of the Customs Act, indicating a lack of justification for penalizing Duli Chand. The appeal was disposed of accordingly, highlighting the need for a fair assessment of evidence and the legal principles governing seizure cases to prevent unjust penalties and biased judgments.