2010 (5) TMI 190 - HC - Customs

Smuggling- Foreign Origin Goods- In the present case nobody has claimed the ownership of the goods confiscated by the department. Hence the only dispute which arises in the present reference, is with regard to the truck and penalty imposed upon the owner. Held that- No substantial question of law is involved to entertain the present reference under Section 130A of the Act. There appears to be no good ground to interfere with the impugned order passed by the Tribunal. The Tribunal rightly deleted the imposed penalty in the case.

Summary

Issues:
1. Reference under Section 130A of Customs Act, 1962 against order of Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi.
2. Seizure of goods and truck under Sections 110 and 115(2) of the Act.
3. Dispute regarding ownership of seized goods and penalty imposed on the owner.
4. Allegation of smuggling goods of foreign origin into India.
5. Evidence of foreign origin based on wrappers and newspapers.
6. Presumption of foreign origin and lack of substantial evidence.
7. Decision on penalty imposed and dismissal of reference.

The judgment by the Allahabad High Court pertained to a reference under Section 130A of the Customs Act, 1962 against an order of the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi. The case involved the seizure of 20 bags of small cardamom and a truck under Sections 110 and 115(2) of the Act. The primary dispute centered around the ownership of the confiscated goods and the penalty imposed on the owner. The applicant argued that the goods were of Guatemala origin, implying smuggling into India, warranting a penalty. However, the court noted that the evidence, limited to foreign marks on wrappers and Nepali newspapers wrapping the cardamom, was insufficient to conclusively prove foreign origin. The court emphasized the necessity of robust evidence to establish such claims. The findings of the lower forums were deemed legally sound, with no substantial question of law warranting the reference under Section 130A. Consequently, the Tribunal's decision to delete the imposed penalty was upheld, leading to the dismissal of the reference in limine.