2000 (7) TMI 732 - AT - Customs

Summary

Issues:
1. Confiscation of uncut precious stones and VCRs.
2. Imposition of personal penalty.
3. Allegation of smuggling of foreign origin goods.
4. Burden of proof on Revenue.
5. Reliance on expert opinion.
6. Applicability of Section 11G of the Customs Act.

Analysis:
1. The customs officers conducted a search at the appellant's premises following the seizure of silver from a canter van, leading to the recovery of uncut precious stones and VCRs. The officers suspected the stones to be of foreign origin and seized them. A show cause notice was issued proposing confiscation of the stones and VCRs, along with imposing penalties on individuals involved.

2. The Commissioner of Customs ordered absolute confiscation of the seized items and imposed a personal penalty on the appellant and another individual. However, one of the penalized individuals had passed away, leading to no appeal from their side.

3. The appellant argued that the stones were domestically sourced, citing the availability of similar stones in India. Samples were examined by the Geological Survey of India, which did not indicate foreign origin. The Revenue's claim of Burmese origin lacked merit as no concrete evidence supported it.

4. The burden of proving the stones' smuggled nature rested on the Revenue, as per Section 123 of the Customs Act. The Tribunal emphasized the necessity of establishing foreign origin before deeming goods as smuggled. Lack of expert opinion on foreign origin and evidence of smuggling rendered the impugned order unsustainable.

5. Expert opinions played a crucial role in determining the origin of the stones. The Tribunal highlighted the importance of expert analysis in cases involving confiscated items, emphasizing the need for expert confirmation of foreign origin to support smuggling allegations.

6. The VCRs recovered from the appellant's premises fell under the provisions of Section 11G of the Customs Act. Considering the lack of substantial evidence supporting the smuggling allegations and the absence of foreign origin confirmation, the Tribunal set aside the confiscation order and penalties, granting the appeal with consequential relief.