1997 (1) TMI 278 - AT - Customs

Summary

Issues:
- Confiscation of gambier under Section 111(d) of the Customs Act, 1962
- Imposition of penalty under Section 112 of the Customs Act, 1962
- Violation of procedural fairness and natural justice in the adjudication process

Confiscation of Gambier and Penalty Imposition:
The appeal was filed against the order-in-original that confiscated 72,250 Kg. of gambier under Section 111(d) of the Customs Act, 1962 and imposed a penalty of Rs. 2 lakhs on the appellant under Section 112 of the same Act. The case involved a consignment of gambier of foreign origin found in a train compartment, leading to the seizure of the goods under Section 110 of the Customs Act. Chemical reports confirmed the nature of the seized goods as gambier. The appellant claimed the goods were of Nepal origin and cleared through proper channels. The appellant argued that the goods were in conformity with the Indo-Nepal Treaty and should not have been confiscated. The appellant also raised procedural issues, including the lack of personal hearing and the non-supply of relied-upon documents during the adjudication process.

Violation of Procedural Fairness and Natural Justice:
The appellant contended that they were not provided with an adequate opportunity of personal hearing and were not supplied with relied-upon documents during the adjudication process. The appellant received the notice of the hearing on the same day as the scheduled hearing, leading to a lack of effective opportunity to present their case. The Tribunal found merit in the appellant's argument regarding the denial of natural justice. The Tribunal set aside the impugned order and remanded the matter back to the Commissioner of Customs for a fresh decision. The Commissioner was directed to provide the relied-upon documents to the appellant and afford them a proper opportunity of personal hearing. The appellant was granted the liberty to present all legal and factual arguments before the adjudicating authority in the fresh proceedings. The appeal was disposed of by way of remand to ensure procedural fairness and adherence to principles of natural justice.