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Issues: Appeal against penalty imposed under Section 112(a) of the Customs Act based on implication by co-accused and presence near contraband possession.
Analysis: 1. The appellant challenged the penalty imposed under Section 112(a) of the Customs Act following an appeal against Order-in-Original No. 3/97. The Commissioner of Central Excise & Customs, Cochin had imposed a penalty of Rs. 50,000 on the appellant based on certain allegations. 2. The appellant was apprehended near the residence of an individual from whom gold biscuits were seized. The department alleged that the individual implicated the appellant as the intended recipient of the gold. However, the Commissioner's order acknowledged the lack of evidence linking the money found on the appellant to the gold smuggling operation. 3. The appellant's advocates argued that no contraband was found on the appellant or in the vehicle he was traveling in. They highlighted the appellant's version of events, including his explanation during a bail application that contradicted the initial statement made under coercion to Customs Officers. Additionally, an affidavit was submitted belatedly to support the appellant's claim regarding the money found with him. 4. The Judicial Member considered the submissions and records of the case. It was noted that the Commissioner did not confiscate the money found with the appellant due to insufficient evidence linking it to the smuggling operation. The only evidence against the appellant was his proximity to the contraband possessor and the implicatory statement by the co-accused. 5. The Judicial Member emphasized that solely implicating a person based on a co-accused's statement is insufficient grounds for penalty imposition. With no corroborative evidence supporting the co-accused's statement, and considering the appellant's explanation supported by a belated affidavit, the benefit of doubt was given to the appellant. Consequently, the penalty imposition was revoked, and the appeal was allowed with appropriate relief. This detailed analysis of the judgment showcases the legal intricacies involved in challenging penalties based on implication by co-accused and the importance of corroborative evidence in such cases.
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