1986 (9) TMI 311 - AT - Customs

Summary

Issues involved: Appeal against penalty imposed u/s 112 of the Customs Act, 1962 for possession of gold pellets with foreign markings.

Summary:
The appeal was filed against the penalty imposed by the Collector of Customs, Bangalore, under Section 112 of the Customs Act, 1962, for possession of gold pellets with foreign markings. The case involved the seizure of gold pellets from a person named O.P. Neema, who admitted to possessing them and stated that they were intended to be delivered to the appellant. The appellant was implicated based on Neema's statement and a strip of paper found on Neema with the appellant's firm's telephone number.

The appellant's counsel argued that there was no concrete evidence linking the appellant to the seized gold pellets. The only evidence against the appellant was Neema's statement and the strip of paper with the appellant's firm's telephone number. The Departmental Representative acknowledged this lack of evidence but argued that Neema's statement should be considered valid since he did not retract it for a significant period.

After evaluating the submissions, the Tribunal found that there was no evidence connecting the appellant to the offense related to the seized gold pellets. The Tribunal noted that previous cases had exonerated individuals in similar circumstances. It was deemed unfair to penalize the appellant solely based on Neema's statement about the intended delivery of the gold pellets. The possession of the strip of paper with the appellant's firm's telephone number was not sufficient evidence to prove the appellant's involvement in the offense. Consequently, the impugned order imposing the penalty under the Customs Act, 1962 was set aside, providing relief to the appellant.

Additionally, the appellant's counsel mentioned filing a separate appeal regarding the penalty imposed under the Gold (Control) Act, 1968, which was covered by the same impugned order. The counsel was permitted to file a separate appeal along with the necessary fee to address the penalty under the Gold (Control) Act, ensuring compliance with technical requirements.