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Issues: Imposition of personal penalty under section 114 of the Customs Act, 1962 for abetment in illegal export of woollen yarns to Nepal.
The judgment pertains to an appeal against the imposition of a personal penalty of Rs.10,000 under section 114 of the Customs Act, 1962 for alleged involvement in the illegal export of woollen yarns to Nepal. The Customs party, acting on intelligence, seized a significant quantity of woollen yarns concealed in a Khalihan near the Nepal border. The appellant was accused of abetting in concealing the goods for illegal export. The appellant challenged the ownership of the Khalihan, arguing that it belonged to the State Government and there was no evidence linking him to its possession or knowledge of the concealed goods. The Departmental Representative contended that inquiries indicated the appellant's ownership of the Khalihan, supporting the Additional Collector's findings of guilt. Upon deliberation, the Tribunal analyzed the evidence presented and found the Additional Collector's order lacking in establishing the appellant's ownership of the Khalihan conclusively. The Tribunal noted that the order relied on conjectures and surmises rather than concrete evidence to link the appellant to the illegal export attempt. The order was deemed vague and unsupported by material evidence or detailed discussion on the appellant's involvement. Consequently, the Tribunal extended the benefit of doubt to the appellant and allowed the appeal, emphasizing the insufficiency of evidence to prove abetment in the attempted export of woollen yarns to Nepal. The decision granted the appellant relief from the imposed penalty, with instructions to expedite the dissemination of the order to all relevant parties.
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