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Issues involved: Imposition of personal penalty under Section 117 of the Customs Act, 1962 on a Customs House Clearing Agent for facilitating illegal export of Sandal wood logs/billets and Peacock feathers in the guise of Mica powder.
Summary: The Commissioner imposed a personal penalty on the appellant for signing shipping bills used in illegal exports. The appellant, a Customs House Clearing Agent, was alleged to have facilitated the export of contraband goods by signing documents for an unauthorized individual. The Commissioner found the appellant liable under Section 117 of the Customs Act, 1962, as the facilitation enabled illegal exports. The appellant challenged the penalty, arguing lack of knowledge or intention to abet the crime. The appellant's consultant highlighted that the unauthorized individual had forged signatures on the documents. The consultant emphasized the absence of evidence proving the appellant's awareness of the illegal exports. The High Court also found no evidence supporting prosecution proceedings against the appellant. The Tribunal considered the arguments and evidence presented. It noted that only three out of eight shipping bills were signed by the appellant, while the rest were forged. This fact suggested the appellant's innocence, as there was no need for forgery if the appellant was actively involved. The Tribunal emphasized that mere failure to fulfill duties is not enough for imposing a penalty unless there is evidence of malicious intent. Consequently, the Tribunal found no justification for the imposed penalty and set it aside, allowing the appeal.
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