2007 (11) TMI 153 - AT - Customs

Container was stuffed with prohibited good Red Sander Wood Logs but was declared having granite cobble stones - Custom House Agent handled the documents for the export of Granite Cobble Stones the declared cargo and have admitted that their clerk was present at time of loading of the container - no evidence to show that the CHA connived in substituting the declared cargo no abetment of attempt of illegal export penalty set aside

Summary

Issues involved:
1. Attempted illegal export of prohibited goods
2. Role of Custom House Agent (CHA) in the incident
3. Imposition of penalties on individuals involved in the fraud

Analysis:

Issue 1: Attempted illegal export of prohibited goods
The case involved an examination of a container declared to contain granite cobble stones, which was found to be stuffed with Red Sander Wood Logs. The consignment, weighing 13320 kgs and valued at Rs. 23,31,000/-, led to detailed investigations uncovering the identities of individuals involved in the illegal export attempt. The Commissioner confiscated the contraband and imposed penalties on those participating in the fraud.

Issue 2: Role of Custom House Agent (CHA)
The appeal was filed by the Custom House Agent (CHA) involved in handling the impugned export. The appellant argued that he had discharged his duties in a bona fide manner and was not involved in any incriminating transactions. The appellant's counsel cited case law indicating that in the absence of evidence showing a positive role in the illegal export, penalties could not be imposed on the CHA for abetting the attempt.

Issue 3: Imposition of penalties on individuals involved
The Commissioner's order had implicated the CHA in handling the documents for the declared cargo of granite cobble stones, which was later found to contain prohibited Red Sander. However, a specific finding in the order stated that there was no evidence of the CHA's connivance in substituting the cargo or being aware of the smuggling attempt. Consequently, the appellate tribunal found the CHA not deserving of penalty under Section 114(i) of the Customs Act, 1962. The penalty imposed on the CHA was vacated, and the appeal was allowed, with the stay petition being dismissed.

In conclusion, the judgment highlighted the importance of establishing a direct link between an individual's actions and their involvement in illegal activities before imposing penalties. The case underscored the need for clear evidence of complicity or knowledge in fraudulent schemes to hold individuals accountable for their roles in illicit transactions.