2000 (5) TMI 694 - AT - Customs

Summary

Issues:
Confiscation of Indian tea used for concealing smuggled goods.

Analysis:
The case involved the confiscation of 415 packages of Indian tea by the ld. Collector, as they were found to be used for concealing smuggled goods. The Customs authorities intercepted a truck loaded with Indian tea near a roadside Dhaba on a specific tip-off. Two individuals associated with the truck admitted that third country origin goods smuggled from Nepal were concealed under the Indian tea packets. The truck was hired by Eastern Road Carriers Ltd. to transport the tea from Siliguri to Chandigarh. The ld. Counsel for Eastern Road Carriers Ltd. argued that they were not aware of the contraband goods and should not be penalized for the confiscation of the Indian tea. However, the ld. DR contended that under Section 119 of the Customs Act, goods used for concealing smuggled items are liable to confiscation, irrespective of the transporter's knowledge.

The Tribunal considered the submissions and found that while Eastern Road Carriers Ltd. was not penalized for lack of knowledge about the contraband goods, there was no evidence to suggest that the 415 packages of Indian tea were not used to conceal the smuggled goods. It was established that the Indian tea was placed around the smuggled goods to make it appear as a legitimate consignment. Therefore, the Tribunal upheld the confiscation of the Indian tea as it was used for concealing the smuggled goods, in accordance with the law. The Tribunal also assessed the redemption fine and concluded that it was proportionate to the value of the goods, hence no interference was warranted with the order of confiscation or the quantum of redemption fine. Consequently, the appeal was rejected, affirming the confiscation of the Indian tea.

This judgment highlights the principle that goods used for concealing smuggled items are subject to confiscation under the Customs Act, irrespective of the transporter's knowledge. The decision emphasizes the importance of preventing the misuse of legitimate consignments for illegal activities and upholds the enforcement of confiscation measures to deter such practices.