FARGO MARINE CO. LTD. Vs. CC (SEAPORT)

JUDGEMENT

(1.) This appeal is filed by M/s Fargo Marine Co. Ltd. against the order of the Commissioner of Customs (Sea) Chennai by which the Commissioner has confiscated the vessel m.v. Tiger Bridge valued at Rs. 8,48,11,500 under Section 115(2) of the Customs Act, 1962 with option to redeem the same on payment of fine of Rs. 85,00,000. By the said order, apart from confiscation of the vessel, the Commissioner has ordered confiscation of contraband gold, vehicle, foreign currency, waist belt, and cell phones etc. and penalties were also imposed on various persons. The ship has been released to the appellants on furnishing personal bond and bank guarantee. In the present appeal, we are concerned with only the confiscation of the vessel and imposition of redemption fine.

(2.) The brief facts for the purpose of deciding this appeal are that the appellants are the owners of the vessels m.v. Tiger Bridge (hereinafter referred to as the vessel) at the relevant time and Capt Georgios Perivolaris, was the master of the vessel. M/s James Mackintosh and Company Pvt. Ltd. B -1, No. 10 Judge Jambulingam Road, Chennai are the Indian agents of the owners of the vessel. Show cause notice dated 4.12.2001 was issued among others to the agents of the vessel and a copy of the order of adjudication was also issued to the agents among others.

(3.) It was in the above circumstances the show cause notice was issued to various persons who were involved in the smuggling including the Indian agents of the Ship owners. After considering the replies given by the persons concerned, the adjudication order came to be passed whereby the Commissioner has confiscated the vessel with option to redeem the same on payment of fine as noted above and also imposed personal penalties under Section 112(a) and (b) of the Customs Act on various persons involved in the operation. No penalty was imposed on the captain of the Vessel, while penalty of Rs. 10,00,000 each was imposed on D.V. Kishore, the second officer of the vessel and H.L. Khalasi and R.J. Patel, the crew members.