LAWS(CE)-2000-9-161

HASAN ALI Vs. COMMISSIONER OF CUSTOMS, PATNA

Decided On September 25, 2000
HASAN ALI Appellant
V/S
COMMISSIONER OF CUSTOMS, PATNA Respondents

JUDGEMENT

(1.) AFTER dispensing with the condition of predeposit of penalty amounts of Rs. 10,000/ - and 15,000/ - on Shri Hasan Ali, driver of the truck and Shri Riyasad Ali, I take up the appeals itself for disposal.

(2.) VIDE the impugned order Commissioner of Customs has absolutely confiscated ball bearings of value of Rs. 25.43 lakhs. Nobody has claimed the ownership of the said ball bearings. As such no orders are required to be passed on the same. The two appellants are only aggrieved with imposition of personal penalty upon them.

(3.) I find that Hasan Ali is the driver of the truck which was carrying the ball bearings in question. There is nothing on record to show that apart from the fact that the goods loaded in the truck were ball bearings, Hasan Ali was aware of the fact that the same were smuggled goods. Ball bearings are openly available in India being an OGL item and as such there could be no reason for Hasan Ali to doubt the tainted character of the goods.