1999 (5) TMI 254 - AT - Customs

Summary

Issues:
Dispensation of predeposit of penalties imposed by the Commissioner of Customs (Preventive) on four applicants.

Analysis:
The judgment pertains to four Stay Petitions seeking dispensation of predeposit of penalties imposed by the Commissioner of Customs (Preventive) on the applicants. The first applicant, a truck driver, was found with foreign-origin raw silk valued at Rs. 9,62,500. The owner of the truck and another individual were also implicated. The advocate for the driver argued that there was no evidence against the owner and that the driver was only a salaried employee. The advocate for another applicant highlighted that there was no evidence connecting him to the seized items. The Respondent argued that the driver's statement clearly implicated the owner as the mastermind, and the circumstances indicated the involvement of the other applicants in the smuggling operation.

The Tribunal analyzed each applicant's case separately. The driver was directed to deposit Rs. 2,000 towards penalty due to his involvement as the in-charge of the truck carrying smuggled items. However, considering his low salary, the penalty amount was reduced. For the second applicant, no evidence connecting him to the seized items was found, and the predeposit condition was waived. The owner of the truck was directed to deposit Rs. 20,000 as the driver's statement clearly implicated him in the loading of the goods. The Tribunal decided to appreciate other evidence at the final hearing. The registered owner of the truck was found not involved in the transportation of the smuggled goods, and the predeposit condition was waived for her.

In conclusion, the Tribunal directed two applicants to deposit the penalty amounts within eight weeks, failing which their appeals would be dismissed. The balance of the penalty was waived upon compliance. The next hearing was scheduled to ensure compliance with the deposit directive.