9911796707
|
Home
Issues:
Interception based on specific information leading to seizure of gold, currency, and car; Absolute confiscation of gold and currency under Customs Act, 1962; Confiscation of car with penalty imposed; Appeal against confiscation upheld for car redemption but not for gold and currency; Dispute over legitimacy of currency earnings; Legal interpretation of Sections 111(d), 121, 115(2) of Customs Act; Retraction of admission regarding currency origin; Impact of policy changes on importation of gold; Examination of books of accounts for currency verification; Appropriateness of vehicle confiscation under Section 115(2); Reduction of redemption fine and penalty; Remittance of currency confiscation issue back to Customs officer. Detailed Analysis: 1. The appellant was intercepted based on specific information, leading to the seizure of gold, currency, and a car. The Deputy Collector ordered absolute confiscation of the gold and currency under relevant sections of the Customs Act, along with confiscation of the car and imposition of a penalty. 2. The Commissioner (Appeals) upheld the confiscation of gold and currency but allowed redemption of the car upon payment of a fine, prompting the current appeal by the appellant. 3. The appellant contested the confiscation of currency, claiming it was lawfully earned from legitimate business activities. He provided documents to support his claim, including a retraction of an earlier admission regarding the currency's origin. The appellant also challenged the confiscation of the car, citing procedural irregularities and the absence of smuggling evidence. 4. The Tribunal found that the appellant failed to discharge the burden of proof regarding the currency's legitimate origin as per Section 123 of the Act, leading to the sustenance of confiscation orders. 5. The Tribunal dismissed the relevance of policy changes on gold importation post-seizure and rejected the appellant's request for consideration under the liberalized policy. 6. Regarding the currency confiscation, the Tribunal noted the retraction of the appellant's admission and the submission of business documents. It found the adjudicating officer's reliance on outdated financial records insufficient to justify confiscation, leading to a decision to remit the issue back for further verification. 7. The Tribunal deemed the vehicle confiscation appropriate under Section 115(2) but reduced the redemption fine considering the disproportionate confiscation for carrying one gold biscuit. The Tribunal could not address the car auction grievance but reduced the penalty due to the appellant's circumstances. 8. The Tribunal remitted the currency confiscation issue to the Customs officer for reevaluation based on the appellant's explanations and the examination of relevant financial records. 9. The appeal was disposed of with instructions for expedited completion of the reevaluation proceedings due to the appellant's hardships. This detailed analysis covers the legal interpretations, evidentiary considerations, procedural aspects, and the Tribunal's decisions on each issue involved in the judgment.
|
