RAJESH LAPANG Vs. K. ASHI KHEIYA

JUDGEMENT

(1.) During the course of the submission as made by the learned counsel for the parties it appeared that in the judgment dated 16-11-2018 rendered in Cus.Appl.No. 3 of 2018 disobedience of which is claimed, a typographical error has crept in para 8 and para 9 of the judgment i.e., word 'respondent' in line No. 1 of para 8 and in line No. 3 of para 9 has to be 'appellant'. Rectification of the said error is also not opposed by the learned counsel for the parties, rightly so, therefore, the word 'respondent' as has appeared in line No. 1 of para 8 and line No. 3 of para 9 dated 16-11-2018 shall be read as 'appellant'. Copy of this order shall be placed on the records of Cus.Appl.No.3 of 2018 titled The Commissioner of Customs (Preventive) N.E.R., Shillong v. Rajesh Lapang and Ors.

(2.) The adjudicating authority in its order in original apart from confiscating the betel nuts has also observed that Shri. Lapang (petitioner herein) may not be the genuine owner.

(3.) In appeal before the CESTAT Eastern Zonal Bench, Kolkata, the issue regarding genuineness of the claim of ownership has not been looked into. The Tribunal has held that the revenue has failed to discharge the onus to the effect that the betel nuts were of foreign origin, as such confiscation proceedings were set aside, dissatisfied therewith, Cus. Appl. No. 3 of 2018 was filed before this Court unsuccessfully.