9911796707
TMI Blog1986 (7) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... allenging the legality of the part of the order dated June 6, 1981 passed by the Additional Collector of Customs (Preventive), Bombay, confiscating a ship m.v. "SEYRIAN WAVE" under the provisions of Section 115 of the Customs Act, 1962, but permitting the petitioners to redeem the ship on payment of fine of Rs. 3,70,000/-. It is not necessary to set out the facts in great detail as the controversy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons raised by the Captain and the owner of the vessel, came to the conclusion that the ship is required to be confiscated under the provisions of Section 115 of the Act. 3. Shri Venkiteswaran, learned Counsel appearing on behalf of the petitioners, did not dispute that the ship was used for the purpose of bringing contraband articles. The only submission advanced by the learned Counsel was in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not exceed the market price of the goods which are smuggled or the smuggled goods. Shri Venketeswaran submitted that as per the show cause notice the charge was that the vessel was used for transportation of the following contraband goods : (1) 100 cases of whisky sold by the Master for Rs. 30,800/- plus United States Dollars 6,000/-, totalling Rs. 78,800/- (2) Unclaimed goods which were seize ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re justified in presuming that the said amount was also contraband goods liable for confiscation. Shri Sethna submits that taking into account the value of 5,050 American Dollars, the fine of Rs. 3,70,000/- imposed in lieu of confiscation is just and proper. It is not possible to accept the submission of Shri Sethna, because the show cause notice does not reveal any charge against the Captain of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 3,22,065/-. 4. Accordingly, petition party succeeds and the impugned order passed by the Additional Collector of Customs (Preventive), Bombay is modified and the owners of the vessel m.v. 'Skyrian Wave' are permitted to redeem the ship on payment of fine of Rs. 3,22,065/- only. 5. I am informed at the bar that the ship has already left the shore on bank guarantee furnished by the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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