1999 (12) TMI 211 - AT - Customs

Summary

Issues:
1. Confiscation of cardamom allegedly of foreign origin along with the truck used for carrying the goods.
2. Imposition of penalties under Section 112(b) of the Customs Act, 1962 on ten persons, including the appellant, for ownership of smuggled goods.
3. Allegation against the appellant regarding the seized quantity of cardamom and its intended delivery.
4. Submission by the appellant denying knowledge and involvement in the smuggling activities.
5. Reliance on statements of co-accused drivers without corroborative evidence.
6. Discrepancy between the allegations in the Show Cause Notice and the findings in the impugned order.
7. Basis for imposing penalty solely on the statements of co-noticees.
8. Benefit of doubt to the appellant due to lack of corroborative evidence.

Analysis:

1. The Commissioner of Customs, Lucknow ordered the confiscation of cardamom of foreign origin and the truck used for transportation, imposing penalties under Section 112(b) of the Customs Act, 1962. The appeal was filed against this order.

2. The allegation against the appellant was that the seized cardamom was to be delivered to him, a dealer in dry fruits in Delhi, based on statements by the truck drivers. The appellant denied knowledge of the unauthorized import from Nepal, leading to the penalty imposition.

3. The appellant's representative argued that there was no justification for penalizing the appellant as he denied involvement in the smuggling activities and lacked any connection to the seized goods.

4. The reliance on statements of co-accused drivers without corroborative evidence was contested, citing legal precedents where such statements alone were insufficient for penalty imposition.

5. It was highlighted that the findings in the impugned order went beyond the allegations in the Show Cause Notice, indicating a discrepancy that could render the order invalid.

6. The judgment acknowledged that the penalty was solely based on the statements of co-noticees without any other supporting evidence, leading to the appellant being given the benefit of the doubt due to lack of corroboration.

7. Ultimately, the Appeal was allowed, and the penalty imposed on the appellant was set aside, emphasizing the importance of corroborative evidence in penalty imposition under the Customs Act, 1962.