2003 (7) TMI 178 - AT - Customs

Summary

Issues:
1. Appeal against imposition of penalty under Section 112 of the Customs Act.
2. Denial of opportunity for cross-examination.
3. Ownership and possession of recovered goods.
4. Burden of proof on the Revenue to establish smuggled nature of goods.

Analysis:

1. The appellant filed an appeal against the penalty imposed under Section 112 of the Customs Act. The appellant did not challenge the order of confiscation but raised concerns regarding the denial of the opportunity for cross-examination. The appellant admitted the recovery of Ball Bearings from his godown but claimed that the impugned order violated the principles of natural justice. However, since the appellant did not deny the recovery, denying the opportunity for cross-examination did not cause prejudice. The appellant's reliance on discrepancies in witness statements from a criminal case was dismissed as the recovery was not contested.

2. The appellant contended that the goods belonged to another individual and were received through a transporter. However, this claim was not supported by the alleged owner or the transporter. The appellant failed to provide any evidence or receipt regarding the transportation of the goods, weakening the claim of ownership and lawful possession.

3. The appellant argued that the onus was on the Revenue to prove the smuggled nature of the goods. The appellant's failure to provide evidence of lawful possession and knowledge of the goods' nature shifted the burden of proof. Citing a Supreme Court case, it was highlighted that circumstances exclusively known to the appellant could lead to a presumption against them. As the appellant failed to explain how they received the foreign-origin Ball Bearings, the presumption of facts was against them, leading to liability under Section 112 of the Customs Act.

4. Considering the facts and circumstances, the penalty was reduced from Rs. 25,00,000 to Rs. 5,00,000. The impugned order was upheld based on the appellant's failure to establish lawful possession and the nature of the goods. The judgment emphasized the importance of providing evidence and explanations within one's knowledge to avoid adverse presumptions in cases involving customs violations.