9911796707
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Challenge to confiscation of Silk Yarn and truck, imposition of penalties under Customs Act, 1962. Analysis: The judgment pertains to four appeals challenging an Order-in-Original confiscating Silk Yarn and a truck, along with imposing penalties under the Customs Act, 1962. The Customs Preventive Officers intercepted the truck carrying Silk Yarn of Third Country origin based on prior information. A show cause notice was issued to the individuals involved, alleging smuggling contravention. The adjudication resulted in the confiscation of goods, truck, and penalties, leading to the appeals. The appellants contended that the truck driver was unaware of the smuggled goods' nature as he was not informed about the contents loaded in the truck. They argued that the other appellants had no knowledge of the contraband goods. The Revenue, represented by a learned JDR, reiterated the reasoning in the impugned order. The judgment, after considering arguments, focused on the truck confiscation and penalties imposition. The driver admitted allowing the goods but denied knowledge of their contents. The Adjudicating Authority presumed the driver's awareness of the smuggled goods, which was refuted due to lack of evidence supporting such a claim. The judgment emphasized the absence of proof of the driver's knowledge, rendering penalties improper. Similarly, it found no evidence against the other appellants to justify truck confiscation or penalties, emphasizing that penal action cannot be based on mere assumption. Consequently, the impugned order was set aside concerning truck confiscation and penalties on the appellants.
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