1990 (9) TMI 183 - AT - Customs

Summary

Issues:
Appeal against penalty imposed under Section 112 of the Customs Act for smuggling contraband goods.

Analysis:
The case involved two appellants appealing against a penalty imposed under Section 112 of the Customs Act. The appellants were accused of being involved in smuggling contraband goods from Nepal into India. The Customs staff intercepted the goods, but a significant portion was found to have been disposed of by the police in collusion with the appellants. The Additional Collector of Customs found the appellants guilty and imposed a penalty of Rs. 50,000 each on them.

The main contention raised by the appellant's advocate was the lack of evidence connecting the appellants to the smuggling or disposal of the goods. It was argued that the confessional statements were obtained under threat, coercion, and false promises, making them unreliable. On the other hand, the department contended that the confessional statements of the appellants indicated their involvement in the smuggling and disposal of the goods.

After hearing both sides, the key issue for determination was whether the department had proven that the appellants were involved in smuggling, concealing, transporting, or disposing of the contraband goods, knowing they were liable to confiscation under Section 111(d) of the Customs Act.

Regarding one of the appellants, the confessional statement of Usman Khan implicated others but did not directly implicate him in the smuggling activities. The statement was retracted, and it was argued that there was no conclusive evidence linking him to the offense. The tribunal found that there was insufficient evidence to establish his involvement beyond doubt and extended the benefit of the doubt to him, setting aside the penalty imposed.

In the case of the other appellant, Mehdi Hossain, the tribunal noted that the evidence against him was based on confessional statements of co-accused individuals, which lacked independent corroboration. There was no concrete evidence to prove that Hossain had knowledge of the goods being smuggled. As a result, the tribunal concluded that the department had not proven the guilt of the appellants and, therefore, allowed the appeals, setting aside the penalties imposed on both appellants under Section 112 of the Customs Act.