1999 (2) TMI 172 - AT - Customs

Summary

Issues:
1. Seizure of foreign exchange and Indian currency.
2. Confiscation and penalties imposed.
3. Burden of proof on Customs.
4. Origin of foreign exchange.
5. Confiscation of Indian currency.
6. Ownership of Indian currency.

Seizure of foreign exchange and Indian currency:
In this case, foreign exchange and Indian currency were seized from the shop premises and individuals present, including the owner. The Customs officers seized the currency believing it to be smuggled goods, leading to confiscation and penalties imposed on the individuals involved.

Burden of proof on Customs:
The appellant argued that since the foreign currency was not proven to be of smuggled origin, it should be released. The burden of proof, according to settled law, lies with the party making the charges. In this case, the Customs failed to provide evidence of the currency being smuggled, leading to the orders of confiscation not being sustained.

Origin of foreign exchange:
The appellant, a dealer in foreign exchange, claimed that the seized currency was for exchange and not of smuggled origin. The lack of evidence to prove otherwise led to the burden of proof not being met by the Customs, resulting in the confiscation orders being deemed invalid.

Confiscation of Indian currency:
Regarding the Indian currency seized, it was contended that since the origin of the foreign exchange was not established as smuggled, the Indian currency should not be liable for confiscation. The absence of proof regarding the smuggled origin of the exchange led to the orders for confiscation of Indian currency not being sustained.

Ownership of Indian currency:
The Departmental Representative argued about establishing ownership of the Indian currency, but it was deemed irrelevant to the proceedings. The liability for confiscation is not dependent on ownership but on proving the liability, which was not adequately demonstrated in this case.

Conclusion:
The judgment allowed the appeal, stating that the burden of proof was not met by the Customs, leading to the orders of confiscation and penalties not being sustained. The lack of evidence regarding the origin of the foreign exchange and the sale proceeds of smuggled goods resulted in the release of the seized currency and the Indian currency from confiscation.