2006 (3) TMI 153 - HC - Customs

Summary

Issues involved: Determination of burden of proof in cases of non-notified goods and the application of legal principles in establishing illegal entry of goods into the country.

In the judgment, Mr. R.V. Desai argued that the burden of proof does not always lie on the Revenue to demonstrate the illegal entry of non-notified goods into the country, contrary to the Tribunal's view. He cited the Supreme Court case of Collector of Customs, Madras & Ors. v. D. Bhoormull, 1983, to support his contention.

The Supreme Court, in the mentioned case, emphasized that smuggling involves clandestine conveying of goods to evade legal duties, and the burden to establish facts related to this illicit activity falls on the person involved. Failure to explain or prove these facts may lead to adverse inferences against the individual, shifting the presumption of innocence. The burden remains on the Department to prove illegal entry of goods, even if the person has special knowledge of the facts.

The judgment highlighted that the Department must establish that the seized goods entered the country illegally and were indeed smuggled, as per the legal principles outlined by the Supreme Court in the D. Bhoormull case. This reaffirms that the burden of proof cannot be shifted solely based on the individual's knowledge.

In the specific case discussed, the Revenue initially claimed that the seized goods did not match the imported goods listed in the Bills of Entry submitted by the respondent. However, upon re-verification, discrepancies were only related to descriptions and country of origin. The Department failed to provide substantial evidence to prove that the seized goods were indeed smuggled, indicating a lack of fulfillment of the burden of proof.

The judgment concluded that the impugned order did not raise any significant legal questions, leading to the dismissal of the Custom Appeal in limine. The decision reaffirmed the importance of the Department meeting the burden of proof in cases involving non-notified goods and illegal entry into the country.