1987 (8) TMI 248 - AT - Customs

Summary

Issues Involved:
1. Penalty under Section 112 of the Customs Act based on retracted confessions.
2. Penalty under Section 112 based on alleged confessions of accomplices.
3. Corroboration of retracted confessions by accomplice statements in penalty proceedings under Section 112.
4. Absence of independent corroboration in the case against the Applicant.
5. Non-disclosure of relied-upon circumstances and violation of principles of natural justice.
6. Lack of evidence supporting the penalty under Section 112.

Issue-wise Detailed Analysis:

1. Penalty under Section 112 of the Customs Act based on retracted confessions:
The Tribunal addressed whether the Applicant could be penalized under Section 112 of the Customs Act, 1962, based on retracted confessions. The Tribunal noted that the admissibility of retracted confessions is a settled question of law, as established by the Supreme Court. The Tribunal emphasized that retraction does not nullify the earlier confessional statement, provided the statement was voluntary and truthful. Consequently, the Tribunal found no merit in referring this question to the High Court.

2. Penalty under Section 112 based on alleged confessions of accomplices:
The Tribunal examined whether the Applicant could be penalized based on the confessions of alleged accomplices. It reiterated that the evidential value of accomplice confessions is also a settled question of law. The Tribunal highlighted that the Supreme Court has clarified the conditions under which such confessions can be considered. Since the Tribunal adhered to these principles, it concluded that this question did not warrant a reference to the High Court.

3. Corroboration of retracted confessions by accomplice statements in penalty proceedings under Section 112:
The Tribunal considered whether retracted confessions could be corroborated by the confessional statements of accomplices. It noted that the requirement for independent corroboration of retracted confessions is a well-established legal principle. The Tribunal found that it had appropriately applied the relevant legal standards and precedents in its decision. Therefore, it determined that this question did not arise from its order.

4. Absence of independent corroboration in the case against the Applicant:
The Tribunal addressed whether the case against the Applicant was based solely on retracted confessions without independent corroboration. It reviewed the evidence presented and concluded that it had considered all relevant factors, including the voluntary nature of the confessions and the corroborative evidence. The Tribunal found no basis to suggest that it had deviated from established legal principles. Consequently, it rejected the request to refer this question to the High Court.

5. Non-disclosure of relied-upon circumstances and violation of principles of natural justice:
The Tribunal evaluated whether the non-disclosure of certain circumstances to the Applicant amounted to a violation of natural justice. It noted that the Applicant's counsel failed to specify which evidence or documents were not disclosed. The Tribunal emphasized that allegations of denial of natural justice must be substantiated with concrete evidence. Since no specific plea regarding the denial of natural justice was raised during the appeals, the Tribunal concluded that this question did not arise from its order.

6. Lack of evidence supporting the penalty under Section 112:
The Tribunal considered whether the findings against the Applicant were unsupported by evidence, unreasonable, or perverse. It reviewed the materials and evidence presented during the proceedings and found that the penalty was justified. The Tribunal emphasized that this question was general in nature and required a review of the entire judgment, which is not the purpose of a Reference Application. Therefore, it concluded that this question did not warrant a reference to the High Court.

Conclusion:
The Tribunal rejected all six questions proposed by the Applicants for reference to the High Court, concluding that they were either settled questions of law or did not arise from the Tribunal's order. The applications were dismissed.