9911796707
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Issues:
1. Denial of natural justice - Failure to provide copies of Panchnama and cross-examination opportunity. 2. Lack of evidence supporting illicit exportation of goats to Nepal. 3. Allegation of active attempt at illegal exportation without sufficient evidence. 4. Confiscation of truck without evidence of its involvement in smuggling. Issue 1 - Denial of natural justice: The appellants raised concerns regarding the denial of natural justice as they were not provided with copies of the Panchnama or given the opportunity to cross-examine witnesses before the adjudication order was passed. The Department's case heavily relied on statements made by the truck occupants without corroborating evidence. The appellants claimed that the driver had presented a document indicating the goats were being transported within Indian territory, but this was not acknowledged due to the lack of access to the Panchnama. Despite the appellants' request, the lower authorities did not address this crucial point, leading to a violation of natural justice. Issue 2 - Lack of evidence for illicit exportation: The show-cause notice alleged that the goats were intended for illicit export to Nepal based on the occupants' statements. However, the notice did not specify the basis for this allegation or mention any confession by the appellants. The Department's case rested solely on the occupants' statements about loading goats near the Indo-Nepal border. The appellants argued that the goats were meant for a local cattle fair within Indian territory, emphasizing that no concrete evidence supported the illicit exportation claim. The lower authorities' findings were based on assumptions rather than evidence, highlighting a lack of substantial proof for the alleged offense. Issue 3 - Allegation of active attempt at illegal exportation: The authorities concluded that there was an active attempt at illegal exportation based on conjecture rather than concrete evidence. Despite consistent statements indicating the goats were to be unloaded within Indian territory, the authorities inferred an intent to cross the border for export. This finding lacked evidentiary support required under Section 113 of the Customs Act for confiscation. The lower authorities' reasoning was deemed speculative, leading to the decision that the confiscation of goats for illegal exportation was unfounded in law. Issue 4 - Confiscation of truck without evidence of involvement: The truck's confiscation was linked to the alleged illegal exportation of goats, despite no evidence suggesting its direct role in smuggling. As the goats' confiscation was deemed unjustified, the truck's confiscation under Section 115 of the Act was also deemed unsustainable. Without the goats being liable for confiscation, penalties under Section 114 were unwarranted. The decision to confiscate the truck lacked legal basis, as it was not used or intended for cross-border transportation, leading to the allowance of the appeals with consequential reliefs to the appellants.
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