1997 (10) TMI 177 - AT - Customs

Summary

Issues:
- Appeal against adjudication order relating to seizure of heroin
- Justification for penalty under Section 114 of the Customs Act, 1962
- Role and involvement of the respondent in the case
- Discretion of the adjudicating authority in dropping charges against the respondent

Analysis:
The judgment deals with an appeal filed by the Commissioner of Customs, Sahar International Airport, Mumbai, against an adjudication order concerning the seizure of 8 kg. of heroin valued at Rs. 16.00 lacs from an individual at the airport. The individual, referred to as the respondent, was involved in carrying the heroin in a suitcase. The Commissioner of Customs initiated proceedings against the respondent and others for unauthorized export of narcotics and proposed a penalty under Section 114 of the Customs Act, 1962. However, after considering the defense, the Commissioner dropped the charges against the respondent. The appeal was made against this decision.

The legal representative for the appellant argued that the evidence on record clearly showed that the respondent had knowledge of the narcotics in the suitcase and had knowingly aided and abetted the carrier. The respondent himself had acknowledged knowing about the contents of the suitcase, as confirmed by the carrier's statement. The respondent did not appear for the proceedings, and notice was returned undelivered.

Upon reviewing the submissions, the judges acknowledged that the evidence suggested the respondent was not unaware of the narcotics in the suitcase. However, they emphasized that the imposition of a penalty is a personal levy. The adjudicating authority considered various factors, including the involvement of other individuals in the case. It was noted that the respondent's mother could have been charged based on the evidence but was not. The adjudicating authority also took into account that the main culprit had already been penalized. Given these circumstances, the judges upheld the adjudication order, stating that the decision not to penalize the respondent was a valid exercise of discretion based on the facts and circumstances of the case.

In conclusion, the appeal against the adjudication order was dismissed, affirming the decision not to penalize the respondent despite his involvement in the case.