1988 (7) TMI 169 - AT - Customs

Summary

Issues Involved:
The appeal challenges the order of confiscation of contraband goods and a jeep, along with imposition of penalty, under the Customs Act, 1962.

Confiscation of Contraband Goods:
The contraband goods were seized from a flour mill premises, leading to proceedings against the appellant. The appellant disowned the goods and argued lack of evidence connecting him to the offense. The departmental representative alleged the appellant's involvement as a veteran smuggler, citing statements and evidence. However, the Tribunal found no acceptable legal evidence connecting the appellant to the offense. The circumstantial evidence presented did not conclusively establish the appellant's culpability, leading to the benefit of doubt in favor of the appellant.

Confiscation of Jeep and Penalty Imposition:
The appellant disowned the jeep as well, with the departmental representative asserting the appellant's ownership based on statements and FIR. The Tribunal, after thorough consideration, found no evidence linking the appellant to the ownership of the jeep or the offense. The adjudicating authority's findings were deemed conjectural and not supported by evidence. The Tribunal emphasized the necessity of concrete evidence to establish guilt, granting the appellant the benefit of doubt and exonerating him from the charges.

Conclusion:
Despite suspicions raised by circumstances, the lack of conclusive proof led to the appellant being exonerated from all charges, and the impugned order of confiscation and penalty imposition was set aside.