1981 (9) TMI 122 - HC - Customs

Summary

Issues:
1. Confiscation of contraband goods and car by Customs authorities.
2. Imposition of penalty on the petitioner.
3. Challenge to the orders of confiscation and penalty under Article 226 of the Constitution.

Analysis:
1. The petitioner, a caterer providing services to ocean-going ships, had his car raided by Customs authorities at the Bombay Port in connection with the smuggling of contraband goods on April 9, 1966. Although the petitioner and the ship's captain were acquitted in the Criminal Court, the Customs authorities initiated proceedings to confiscate the contraband goods and the car. The Additional Collector, on May 8, 1969, ordered the confiscation of both the goods and the car, with an option for the petitioner to release the car on payment of a penalty of Rs. 10,000. The Assistant Collector also imposed a personal fine of Rs. 5,000 on the petitioner. Subsequently, in appeals and revisions, the confiscation of the car and the penalties imposed were upheld, leading to the petitioner challenging these orders under Article 226 of the Constitution.

2. The petitioner contended that he was unaware of the contents of the suitcase found in his car and, therefore, the confiscation of the car on the basis of smuggling was unjustified. The Customs Act, specifically Section 115, allows for the confiscation of conveyance used in smuggling unless the owner proves lack of knowledge or connivance. Despite the petitioner's claims, the court found it difficult to accept his defense, considering his occupation catering to foreign ships and his familiarity with dock area regulations. Moreover, the circumstances surrounding the events, including the weight of the suitcase and the presence of additional items in the car, indicated the petitioner's awareness of the illicit goods being transported. The court concluded that the authorities' findings were well-supported by the evidence, justifying the confiscation and penalties imposed.

3. The court upheld the decisions of the lower authorities, emphasizing that the petitioner's knowledge of the smuggled goods was evident from the circumstances and his actions. Therefore, the petition challenging the confiscation of the car and the penalties imposed was dismissed, with costs awarded against the petitioner. The judgment highlights the importance of proving lack of knowledge or connivance to avoid the confiscation of conveyance used in smuggling activities, as outlined in the Customs Act.