9911796707
TMI Blog2002 (7) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... .) and the vessel M.S.V. Dariya-E.Neel (belonging to Shri Hasan Noor Mohamad Juneja, the appellant in Appeal No. C/651/96-Mum.) arrived from Dubai with manifested cargo of dates, almonds, pista etc. and with sixteen crew members each. The Tindel of vessel M.S.V. Safina Al Yakin was Shri Sayed Najumal Hasan and Shri Osman Salemamed Juneja was the Tindel of the other vessel. The Tindels completed the Customs formalities including filing of private property declaration of the crew members and store lists of the vessels. The vessel M.S.V. Dariya E Neel was searched on 17-2-94 and the vessel M.S.V. Safina Al Yakin was searched on 18-2-94. From both the vessels dutiable goods such as cosmetics sets, perfumes, textiles, emergency lights and two ol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m back to Dubai. 3. Show cause notices proposing confiscation of the consumer goods in trade quantities, diesel engines as well as the vessels, and proposing imposing of penalties against the Tindels and crew members were issued. The notices were adjudicated by the Addl. Commissioner of Customs who vide his separate orders of adjudication, absolutely confiscated the vessels under Sec. 115 of the Customs Act, 1962 with option to redeem the same on payment of fine of Rs. 3 lakhs each and penalties were imposed on the Tindels and crew members. The lower Appellate Authority upheld the orders of confiscation with option to redeem the vessels by the owners of the vessels; hence these appeals before the Tribunal. 4. I have heard the ld. Counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the vessels. The lower Appellate Authority has relied upon the fact that no crew members signed off after the completion of the assignment for her finding that the Tindels were aware that the goods carried by the crew members were smuggled goods, hence rendering the vessels liable to confiscation. She has also relied upon the fact that consumer goods of the crew members were not packed individually, for coming to the above conclusion. However, this is not sufficient for attributing knowledge to the persons in charge of the vessels regarding use of the vessels to carry contraband. I note that the goods were declared in the private property list and the goods were identical and the explanation put forth by the Tindels that the goods were n ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
