1986 (9) TMI 244 - AT - Central Excise

Summary

Issues:
- Appeal against the order of the Collector of Customs confiscating textiles under seizure and imposing a penalty.
- Legal infirmity in invoking Section 123 of the Customs Act.
- Applicability of statutory presumption under Section 123 in cases of seizure by police authorities.
- Interpretation of relevant legal provisions based on previous court rulings.

Analysis:
The appeal was filed against the order of the Collector of Customs confiscating textiles under seizure and imposing a penalty. The appellant was found in possession of foreign-origin textiles valued at Rs. 5,700, seized by police authorities on suspicion of smuggling. The appellant admitted to purchasing the goods without proper documentation. The impugned order invoked Section 123 of the Customs Act, which was challenged by the appellant's counsel as inapplicable in cases of seizure by police authorities. The legal question of the applicability of Section 123 had not been raised before the authorities previously.

The Tribunal acknowledged that the appellant had not raised the issue of inapplicability of Section 123 before the lower authorities but allowed it to be argued as it was a question of law. It was established that the statutory presumption under Section 123 does not apply when goods are seized by the police, based on previous court decisions. The Gujarat High Court and the Supreme Court had ruled that the burden of proof does not fall on the appellant in such cases. The Madras High Court had also held a similar view in a previous case. The Tribunal referred to its own previous judgments supporting this interpretation.

Consequently, the Tribunal set aside the impugned order and remitted the matter back to the original authority for reconsideration without applying the presumption under Section 123 against the appellant. The decision was based on the established legal principle that the presumption under Section 123 does not apply when goods are seized by police authorities. The judgment provided a detailed analysis of relevant legal provisions and court precedents to support its decision.