1985 (5) TMI 148 - AT - Customs

Summary

Issues:
1. Validity of seizure under Customs Act, 1962
2. Compliance with statutory timelines for show cause notice issuance
3. Burden of proof on appellant for purchase of seized goods
4. Quantum of redemption fine and penalty

Analysis:

Validity of seizure under Customs Act, 1962:
The appellant challenged the seizure of goods under the Customs Act, contending that unless the seizure is under Section 110 Clause (1) of the Act, it cannot lead to confiscation. The Tribunal rejected this argument, emphasizing that the seizure was based on reasonable belief and supported by contemporaneous evidence in the form of a Mahazar. The Tribunal held that the seizure was lawful and not arbitrary, as it was backed by information. The appellant's assertion that the goods could have been cleared as baggage without declaration was dismissed due to lack of evidence and failure to produce necessary documentation.

Compliance with statutory timelines for show cause notice issuance:
The appellant raised objections regarding the issuance of the show cause notice beyond the statutory period of six months after seizure, as per Section 110 Clause (2) of the Customs Act. However, the Tribunal noted that the notice was issued within the prescribed timeframe, as evidenced by the postman's endorsement. The Tribunal ruled that any defect in the notice does not invalidate the confiscation order passed by the adjudicating authority, especially when the appellant actively participated in the adjudication process.

Burden of proof on appellant for purchase of seized goods:
The appellant failed to substantiate his claim of purchasing the seized goods from various persons by providing acceptable evidence or producing relevant Accounts Books. The Tribunal emphasized that it was the appellant's responsibility to support his plea during adjudication, which he failed to do. The Tribunal held that the appellant did not discharge the burden of proof placed on him, leading to the dismissal of his arguments regarding the origin of the seized goods.

Quantum of redemption fine and penalty:
After assessing the value of the confiscated goods and the penalty imposed, the Tribunal found the redemption fine and penalty to be excessive. Consequently, the Tribunal reduced the redemption fine from Rs. 16,000 to Rs. 10,000 and lowered the penalty from Rs. 8,000 to Rs. 5,000. The Tribunal deemed the original penalties as disproportionately high and ordered a reduction in line with the circumstances of the case.

In conclusion, the Tribunal upheld the legality of the seizure, affirmed the timely issuance of the show cause notice, emphasized the appellant's failure to meet the burden of proof, and adjusted the redemption fine and penalty to align with the case's specifics.