1994 (1) TMI 140 - AT - Customs

Summary

Issues:
- Confiscation of 250 drums of poultry drugs additives and imposition of penalty challenged by M/s. M.J. International
- Imposition of penalty on Shri Mohamadkhan N. Pathan challenged

Analysis:

1. Confiscation of 250 drums of poultry drugs additives and penalty on M/s. M.J. International:
- The goods were manufactured by M/s. M.J. International at the Free Trade Zone and sent for export under AR. 4 procedure through Bombay Port.
- Customs authorities examined and sealed the goods before loading them onto the truck, supervised by Customs officials.
- M/s. M.J. International argued no nexus with the smuggled VCRs found in the truck, as the drums were loaded under Customs supervision.
- The Addl. Collector imposed penalties based on failure to hire a reputed transport company, which was contested by M/s. M.J. International.
- Tribunal found that the VCRs were loaded after the truck left the Free Trade Zone, absolving M/s. M.J. International of involvement in smuggling.
- Tribunal set aside the fine and penalty imposed on M/s. M.J. International, considering them genuine dispatchers without involvement in the smuggling operation.

2. Imposition of penalty on Shri Mohamadkhan N. Pathan:
- Shri Pathan claimed to have sold the truck to the driver before the seizure of goods, supported by a sale deed dated before the incident.
- Despite being the registered owner of the truck, Shri Pathan disclaimed any knowledge or involvement in the smuggling operation.
- The driver did not implicate Shri Pathan, and the sale deed was not disproved by the Department.
- Tribunal held that the sale of the truck was genuine, and without evidence implicating Shri Pathan, the penalty imposed on him was set aside.

3. Final Decision:
- The Tribunal set aside the penalties imposed on both M/s. M.J. International and Shri Mohamadkhan N. Pathan.
- Benefit of the doubt was given to Shri Pathan due to lack of evidence linking him to the smuggling operation.
- M/s. M.J. International was deemed innocent as the VCRs were loaded after leaving their premises under Customs supervision, absolving them of any wrongdoing.

This comprehensive analysis outlines the key arguments, evidence, and decisions made by the Tribunal regarding the confiscation of goods and penalties imposed on the appellants in this case.