LUFTHANSA CARGO INDIA Vs. COMMISSIONER OF CUSTOMS, BANGALORE

JUDGEMENT

(1.) ALL these appeals arise from a common OIO No. 6/99, dated 26 -3 -1999. By this order, the Commissioner, after detailed examination of the evidence on records, has imposed penalty in the following manner besides ordering for confiscation of seized goods and Maruti Car No. KA -04 -M9081 absolutely, owned by Smt. P. Susheela Ramakrishna, W/o Shri H.S. Ramakrishna, Superintendent of Customs, Bangalore Airport. Penalty under Section 112(a) :

(2.) ONLY the following persons on whom penalty has been imposed have appealed, namely : -

(3.) THAT acting on specific information that the employees of M/s. Lufthansa Cargo International flight and certain other persons are involved in the smuggling of contraband gold bearing foreign markings, the Customs Headquarters, Preventive Officers, kept a vigil on the Cargo flight at the morning hrs. on 19 -6 -1997 when the Cargo flight arrived from Sharja at 0620 hrs. After the arrival at Bangalore, they started off -leading the Cargo destined to Bangalore on the tarmac. After unloading of all the Pallets, it was noticed by the Customs Officers keeping surveillance, that two packages which were loaded separately in loose condition in Aircraft (which in airlines parlance is called Bulk) were off -loaded separately. It was seen that these packages were loaded on to a tractor trailer belonging to the Indian Airlines and taken out of the Airport area through exit gate accompanied by an uniformed employee of the Lufthansa cargo. The officers who kept surveillance on the movement of the said trailer and the persons noticed that one of the packages was pushed near a Maruti Car parked near the Indian Oil Corporation Bunker Gate. The officers also noticed that one of the persons accompanying the packages was helping the person waiting near the car in loading the said package on to the car. At this juncture, the officers rushed towards the car and on seeing them, the person of the car pushed out the said package off and sped away in the said car. The officers identified the person who helped in loading the package into the car and he revealed his identity as J. Vasanth Kumar, a loader of Lufthansa Cargo. On questioning, he admitted having pushed the said package out of the trolley and helped its loading into the car as instructed by Lufthansa Cargo Manager (Operations), Shri C.M. Uthappa who was present in the tarmac near the aircraft. The package was found marked with an Airway Bill No. 020 1959 1471 BLR 01 Lufthansa Cargo Bulk load only. One of the officers brought Shri C.M. Uthappa to the spot near Indian Oil Corporation Bunker gate where the said package was lying. Shri C.M. Uthappa identified the package as the same unloaded from the Aircraft and also agreed that he only instructed Shri J.M. Vasanth Kumar to unload the package near a blue colour Maruti car opposite to Indian Oil Corporation Bunker gate. As the officers suspected that the package may contain contraband goods, they detained the same under a spot Mahazar dated 19 -6 -1997 in the presence of independent witnesses for detailed examination at safe place and took the same to Headquarters Customs Office at Queens Road, along with Shri C.M. Uthappa and J. Vasanth Kumar accompanied by witnesses. On examination of the said package, it was found to be contraband Gold Biscuits 270 nos. of foreign origin, totally weighing 2700 tolas i.e. 31.482 kgs. The same had been stuck at the bottom side of the card board with transparent cellophane tape. All the gold biscuits contained foreign markings and they were valued at Rs. 1,48,75,245/ - Besides the gold biscuits, foreign branded 4 Video Cameras of National Panasonic make, Model M -3500 and other accessories were found. All were seized under Mahazar. The said packages were containing foreign marked gold biscuits and video cameras and other accessories and were meant to one person by name Mr. Nasir Therma, residing at 19/6, Ground Floor, 5th Main, 5th Cross, S.K. Garden, Benson Town, Bangalore -46. The officers visited his house but did not find him and two persons by name Mr. Yahya Shabandri and Mr. Abdul Hafeez were present. In the course of search of the said premises, Indian currency of Rs. 53,600/ - were found besides a large number of corrugated card boxes. On an enquiry, Shri Yahya Shabandri informed that the said packing material were used to carry certain goods to Bangalore by Lifthansa Cargo. It was found that certain card board boxes were bearing Airway Bill Nos. of Lufthansa Cargo. All the packages and card board boxes, a Video Cassette Player were seized under Mahazar.