1996 (5) TMI 253 - AT - Customs

Summary

Issues:
1. Confiscation of vessel named Simla belonging to appellant K.G. Augustine.
2. Appeal by Syndicate Bank for redemption fine due to hypothecation of the vessel.
3. Evidence relied upon by adjudicating authority and contentions of both sides.
4. Involvement of individuals in smuggling activity and their statements.
5. Application of Section 115 of the Customs Act for vessel confiscation.
6. Corroboration of statements and voluntary nature of evidence.
7. Finding that appellant is not directly connected with smuggling activity.
8. Decision on redemption of the vessel and imposition of redemption fine.

Analysis:

1. The appeals were filed against the confiscation of the vessel Simla belonging to appellant K.G. Augustine. Syndicate Bank, to which the vessel was hypothecated, appealed for a redemption fine to recover the balance amount due from Augustine. The Bank argued that the vessel should be redeemed as Augustine was not in direct control of the vessel, citing Section 115 of the Customs Act, and contended that absolute confiscation was not warranted due to the vessel's value.

2. The appellant's advocate highlighted that the evidence relied upon by the adjudicating authority was the statements of M.L. Kunjumon and M.L. Suresh, who later retracted their statements. The advocate argued that the statements did not mention the fate of the fish allegedly found on the vessel and questioned the lack of evidence regarding the fish. Additionally, the Bank's advocate emphasized the pending revenue recovery proceedings against Augustine and the exoneration of Augustine by the adjudicating authority, advocating for redemption of the vessel.

3. The SDR pointed out that the statements of M.L. Kunjumon and M.L. Suresh were corroborated by the actions of individuals connected to the vessel who absconded. The SDR argued that the statements indicated the involvement of the vessel in smuggling activities, supported by the appellant's statement regarding the individuals in charge of the vessel.

4. The Tribunal analyzed the evidence and the application of Section 115 of the Customs Act, which holds conveyances liable for confiscation if used in smuggling unless proven otherwise. The statements of M.L. Kunjumon and M.L. Suresh, taken under Section 108 of the Act, were considered as evidence, supported by a Supreme Court decision. The Tribunal concluded that the vessel was used for smuggling based on the statements and corroborating circumstances.

5. The Tribunal further noted that the conduct of the individuals involved, including their absconding, supported the truthfulness of their statements. It was emphasized that the retraction of statements did not diminish their evidentiary value unless coercion was proven, which was not the case. The Tribunal found the statements voluntary and true, supported by the circumstances.

6. Despite the findings, the Tribunal acknowledged that the adjudicating authority had determined that the appellant was not directly connected to the smuggling activity. Considering the vessel's hypothecation to Syndicate Bank and the pending recovery proceedings, the Tribunal allowed redemption of the vessel upon payment of a redemption fine within three months to satisfy the Bank. The decision considered the vessel's deteriorated value due to prolonged retention by the Department.