9911796707
TMI Blog1986 (7) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... their job to work out information regarding smuggling of goods of foreign origin. When they were near Kolad on Rohakolad Road they noticed a truck bearing No. MTT-3330 coming from Roha side. Suspecting the said truck, the officers gave signals to the truck to stop, but the driver ignored the signals who tried to escape from the scene. Therefore, the officers chased the said truck and intercepted it after sometime. Since the driver could not offer any satisfactory explanation as to the purpose of his visit, the officials detained the truck and brought it to Alibag Customs Office alongwith the three occupants and then seized the truck in the reasonable belief that the said truck had contravened the provisions of Sec. 106 of the Customs Act a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led goods. He further urged that the Addl. Collector had not recorded a finding that the vehicle -was used for the carriage of the contraband goods. On the other hand he recorded that the vehicle was empty at the relevant time. Shri Habbu referred to the provisions of Sec. 115(l)(c) as well as Sec. 106 of the Customs Act and contended that the order passed by the Addl. Collector is illegal and not sustainable in law. He urged none of the persons whose statements were recorded, stated anything about the truck being used for the carriage of the contraband goods. He also contended that the imposition of the personal penalty on the owner is not at all sustainable and the reasons assigned by the Addl. Collector are wholly irrelevant to impose th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not stopping truck and fleeig on approach of Customs Officers establishes the malafides of the purpose for which the truck was brought in the area. In any case once it is established that the truck did not stop on being signaled by the Customs Officers, its liability to confiscation under Sec. 115(l)(c) of the Customs Act is established and held . Now it is for my consideration whether the Addl. Collector s interpretation of Sec. 115(l)(c) is correct. 8. Confiscation of conveyances is provided in Sec. 115 of the Customs Act. It reads the following conveyances shall be liable to confiscation: (a) .......... (b) .......... (c) any conveyance which having been required to stop or land under Sec. 106 fails to do so, except for good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and if the driver had ignored the illegal stopping of a vehicle it cannot be said that he had committed any offence or that the truck became liable for confiscation under Sec. 115 (1) (c) of the Customs Act. 11. The above apart, in order to confiscate a vehicle under Sec. 115 (1) (c) the department has to establish that the vehicle was used in smuggling of any goods or in the carriage of any goods which had been smuggled. It is true that if the vehicle had been used in the past in the smuggling of any goods or in the carriage of any goods which had been smuggled then also the proper officer of the Customs gets power to stop such a vehicle if the other condition regarding reason to believe was there. There is not even an allegation that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to be used for the carriage of contraband goods. In the absence of such a finding he gets no jurisdiction to order confiscation of the truck under Sec. 115 (1) (c) of the Customs Act. The order of confiscation made by the Addl. Collector on the facts and circumstances of the case is illegal, and, therefore, liable to be set aside and accordingly the same is set aside. 14. As regards the personal penalty on the owner of the truck, the finding of the Addl. Collector is - I find from the evidence on record that it was with his full knowledge and connivance that the truck was to be used for transportation of contraband. It is quite possible that out of the five persons, two who escaped apprehension by the Customs Officers, one could have b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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