9911796707
TMI Blog1983 (1) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... some great detail. The appellant is a Swiss National Mr. Heinz Meier Albert who was stated to have been intercepted by Customs Preventive Officer at the exit gate of the Green Channel on his arrival in Delhi by Flight TC-914 on 22-5-1982. It is alleged that his baggage examination in the presence of two independent witnesses led to the recovery of wrist watches, watch side bars, integrated circuits and car switches in considerable number collectively valued at ₹ 82,128/-. The said Swiss National could not produce, on demand, any evidence, documentary or otherwise, to establish their lawful import. 2. The contention of the Department is that the said Swiss National made a statement on 22-5-1982 under Section 108 of the Customs Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s National as well as Shri Saleem Ahmed made statements explaining in detail the nefarious activities of the three in collaboration over a period of time and it emerged from the said statements that Mr. Witschi Kurt had made two other trips to India earlier as well when he had brought with him valuable electronic goods which he had got disposed of through the help of Shri Saleem Ahmed for which help he was given ₹ 10,000/- as well as an air ticket for Delhi-Italy-Sri Lanka and also his hotel expenses were met. Consequent upon the seizure of the goods and on the basis of the statements of the three alleged collaborators, the Department proceeded against them. It would seem that the common pursuit came to an end on the confrontation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also paid the fine imposed by the Learned Magistrate, he pleaded for a lenient view being taken in the matter since he was left with no money and as such he prayed for release of his Passport and other personal documents to enable him to leave the country at the earliest. However, so far as Mr. Albert is concerned, he is stated to have submitted in his reply to the Show Cause Notice that the allegations made against him were wrong and his statement, reported to have been made before the Customs official was not a voluntary one and was secured under duress, threat and coercion taking advantage of his inability to understand the English properly and that as a matter of fact he had, according to him, reported for Customs clearance through ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d ₹ 5,000/- on Mr. Witschi Kurt and ₹ 5,000/- on Mr. Saleem Ahmed. 6. In this appeal before the Tribunal, the counsel for Mr. Albert did not lay much stress on any of the grounds of appeal set out by him but pleaded for relief to Mr. Albert on the ground of undue hardship as be was left in a state of penury in the most unfortunate circumstances far away from his own country and depending on the weekly dole of ₹ 50/- by his Embassy for his maintenance ever since his release and that his client was living in Birla Mandir Dharamshala. In view of the stand taken by the Counsel on grounds of hardship the case has become simplified to a great extent. 7. The Department has endeavoured to establish that Mr. Albert was one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t while he felt that a personal penalty of ₹ 5,000/- would suffice so far as Mr. Kurt and Mr. Saleem Ahmed were concerned. 8. The personal penalty of ₹ 25,000/- imposed by the Additional Collector of Customs, against which the Counsel for Mr. Albert has sought relief from the Tribunal on grounds of hardship, is in addition to a fine of ₹ 30.000/- imposed by the Magistrate as well as the imprisonment of 5 months suffered by Mr. Albert. On the contrary, Mr. Kurt who had admittedly visited India earlier not possibly for any laudable purpose had gone away lightly with his illgotten money, merely because he was fortunate to have escaped the vigilant eye of the Customs Authorities on the earlier two occasions when he has sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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