TMI Blog1990 (2) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... toms Officers of Hili received a secret information that vehicle (Truck) marked D.C.M. Toyota bearing registration No. WMV-1826 was about to be loaded with huge contraband goods from the godown of M/s. Balurghat Transport Co. at Balurghat. 3. Immediately the Customs Officers of Hili station started for Balurghat on a hired vehicle. On the way before reaching the godown of Balurghat Transport Co. at Balurghat the source further communicated that the said vehicle already left Balurghat for its destination after loading the contraband goods. The Customs Officers immediately started to follow the said vehicle and after a hot chase for about 45 minutes the Customs Officers were able to intercept the said vehicle near Buniadpur. 4. On demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also not found in conformity with the actual nature of the goods. Moreover the value of the goods so recovered estimated to be as high as Rupees Two lakhs in current market value. Intelligence poured in from time to time on the trend of smuggling over the areas indicated smuggling of such copper wire and heavy machinery parts of Railway Workshop at Saidpur in Bangladesh. The Customs Officers also opined that there is no such Railway Workshop or Industrial Unit in and around Balurghat. Under the above facts and circumstances, the Customs Officers formed reasonable belief that the said 69 packages of goods containing copper wire and machinery parts of Railway made of copper wire illegally imported into India through some unauthorised route ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods in question and goods were confiscated in adjudicating proceedings. 8. The learned advocate, Sri Sekhar Mukhopadhyay, contended that the appellant had placed orders for these goods from M/s. Raksha Kali Basanalaya and the goods were transported in the above-said lorry and the Customs intercepted the same. It was his contention that there is no proof to show that these are smuggled goods. He also contended that there was a joint inspection report which do not reveal that there were foreign markings on these goods. He contended that only three small pcs. bore foreign markings of Pakistan and German origin. There was also one Pakistan coin. Besides these, in the other pcs. there were no foreign markings. He therefore contended that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 10. The point that arises for our determination is, whether there are any grounds to interfere with the orders of the learned Collector in coming to the conclusion that the seized goods were unauthorisedly imported from Bangladesh and they are liable for confiscation under Section 111(d) of the Customs Act, 1962. 11. The decision of Jain Enterprises relied on by the learned SDR do not apply to the facts of this case. In that case there was an inculpatory statement of the appellant and coupled with that there was a bulk of Zip fasteners seized in that case. In such circumstances, it was held that the burden shifted on to the party to prove that the Zip faseners are not smuggled goods. But in this case, there is no such inculpatory stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... = 1 pc (10) Made in Germany 1 small pc = 1 pc (11) London marking 1 small pc = 1 pc Huge quantity of broken machinery parts as well as copper wire aluminium wire, broken utensils, Pakistani 5 paisa small coins (weighing 750 grams) and some quantity of copper dust are apparently seen without marks of the country of origin excepting in case of Pakistani 5 paise coins. Most of the parts resemble the parts meant for use in Railway Engine. A large numbers of brass in broken condition found out from the bags under seizure." 14. It is clear from this report that some small Pakistani coins and another small piece made in Germany and another small piece with the marking London had foreign m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ises of Shop No. 2 of M/s. Raksha Kali Basanalaya and found that on the previous day of the seizure they had repainted the premises. From the Municipal authorities they came to know that there was no business going on in this premises and that it stood in the name of one Sri Mondal of Narayanpur. But such an investigation report was not furnished to the appellant. The appellant had no opportunity to meet such a report. Hence placing reliance on such a report which was not supplied to the appellant is not in accordance with law. Even other from these facts it cannot be inferred that the goods in question which were consigned by M/s. Raksha Kali Basanalaya from Shop No. 2 of Balurghat are smuggled goods. 16. It also cannot be said that ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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