Customs, Excise and Gold Tribunal - Calcutta
M/S Punjab Finance Co., Delhi vs Commissioner Of Customs, Patna on 30 July, 2001
Equivalent citations: 2001(135)ELT87(TRI-KOLKATA)
ORDER
Mrs. Archana Wadhwa
1. The prayer in the present appal for release of the confiscated truck to the appellants on payment of redemption fine. The said truck was confiscated by the authorities below on the ground that eh same was found to be transporting poppy seeds os contraband nature. In de novo proceedings before the Commissioner, the appellants, M/s. Punjab Fiance Co. claimed ownership of the said truck on the ground that he was the financier of the tuck, which was given to Shri Ahsan Ali under Hire Purchase Agreement. Inasmuch as all the instalments of the loans have not been re-paid by Shri Ashan Ali, the appellant company legally remains the owner of the truck in question and has a right to the releases of the same. The appellants produced before the adjudicating authority "Owner Information Screen", computerised records of the Registration Authorities. From the said information, the Commissioner by taking note of the fact that registration of the truck was shown on 6.5.91 and the owner's name was Ahsan Ali, held that the subsequent agreement of 1998 produced by the appellants was not valied and as such, they cannot be held to be owner of the vehicle in question.
2. Shri K.P.Dey, learned Advocate appearing for the appellants, submits that the Commissioner has failed to take note of the fact that in the said "Owner Information Screen", the ownership of Ahsan Ali has been shown as Serial No.4 and on the back-sides of the said Screen, in Hypothecation Information, M/s. Punjab Finance Company has been shown as financier of the truck in question. In another Certificate of Registration, Shri Mange Ram was shown as Serial No.3 in the row of owners and the transfer date was 12.11.97. As such, the findings of the adjudicating authority that Shri Ahsan Ali was the owner of the truck from 6.5.91, was not correct. He also submits that had Ahsan Ali been the owner of the truck in question, he would have definitely lodged his claim. It is his contention that the appellant firm initially advanced Rs.2.00 lakh(Rupees two lakh) to Shri Mange, Ram, owner at serial No.3 when his name was entered in the Certificate of Registration. He was, however, disinclined to fulfil his financial obligation and the vehicle in question was transferred in the name of Shri Ahsan Ali and he was shown as owner at Serial No.4 in the "Owner Information Screen". However, the vehicle was hypothecated to M/s. Punjab Finance Co.
3. After considering the above explanation given by the appellants I agree with the appellants that M/s. Punjab Finance Co. being the financier of the vehicle, remains the sole owner of the vehicle, in as much as all the instalments are not received by them. M/s. Ahsan Ali have also not lodged his claim to the vehicle. As per the Owner Information Scree, the vehicle was hypothecated to M/s. Punjab Finance Company and the law laid down by the Honourable High Court of Kerala in the case of Gundu Gonvind Dhumble vs. Collector of Customs & C.E. reported in 1993(63) ELT-49(Ker.) makes it clear that the appellant firm remains the owner of the vehicle. I order accordingly and remit the matter to the Commissioner for fixation of redemption fine, keeping in view the facts and circumstances of the case.
(Pronounced)