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Issues:
- Confiscation of goods under Section 113 of the Customs Act - Imposition of personal penalty on the appellants - Alleged attempt to export goods without a valid permit - Determination of whether the act constitutes an attempt or preparation Confiscation and Penalty: The appeal challenged the orders of the Additional Collector of Customs, which confiscated seized goods under Section 113 of the Customs Act and imposed a personal penalty on the appellants. The facts revealed discrepancies in the export of Lactogen to Kathmandu, leading to the seizure of goods for violating customs provisions. The confessional statement by one of the appellants acknowledged the lack of valid documents for the export. The appellate tribunal considered submissions from both sides, ultimately ruling that the actions of the appellants did not amount to an attempt to export the goods illegally. The tribunal found that the goods were still in the custody of the appellants and no movement towards taking the goods out of India had occurred. Therefore, the confiscation of goods and the personal penalty were deemed not in accordance with the law, resulting in the appeal being allowed. Attempt vs. Preparation: The main issue revolved around determining whether the appellants' actions constituted an attempt to export Lactogen without a valid permit. The tribunal applied legal principles established by previous decisions, emphasizing the distinction between attempt and preparation. Citing relevant case law, the tribunal highlighted that for an attempt to be established, there must be evidence showing movement of the goods towards the border or out of India. In this case, despite the presentation of a Bill of Export, the goods had not left the custody of the appellants and were not in the process of being exported. The tribunal concluded that the actions of the appellants amounted to preparation at most, as there was no evidence of an actual attempt to export the goods illegally. This analysis led to the dismissal of the allegations and the appeal being allowed. Legal Principles and Precedents: The tribunal referenced legal principles laid down by the Supreme Court and previous tribunal decisions to determine the nature of the appellants' actions. The Supreme Court's test for distinguishing between attempt and preparation was applied, focusing on whether the overt acts done by the appellants were harmless if they decided not to proceed further. Additionally, the tribunal cited specific cases to illustrate the requirement of movement of goods for an export offense to occur. By analyzing these legal principles in the context of the case, the tribunal concluded that the appellants' actions did not amount to an attempt to export the goods illegally, leading to the appeal being allowed with consequential benefits for the appellants.
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