
基隆關查獲未申報從中國進口的768只防狼噴霧器,認定屬違禁瓦斯器械。警方追查後將貨物送達的物流公司總經理何姓男子移送法院。法官審理後認為,雖收貨地址與電話與總經理相同,但無積極證據證明其知情訂購或參與進口,且委託報關的企業社與物流公司無關,因而裁定何姓總經理免罰,並宣告違禁物品沒入。
AI-generated summary
防狼噴霧器屬行政院函頒『警察機關配備警械種類及規格表』所列瓦斯器械中的『瓦斯噴霧器(罐)」,為公告查禁的器械,未經許可進口違反社會秩序維護法。
法官認為,物流公司地址為公開資訊,無積極證據證明該批貨物為物流公司人員訂購,裁定物流公司何姓總經理免罰。(記者吳昇儒攝)
關務署基隆關今年7月15日從進口貨物中,查獲未經申請從中國進口768只防狼噴霧器,報請基隆港務警察總隊偵辦。警方追查發現,該批貨物是寄到某物流公司,認定該公司涉犯社會秩序維護法,移送基隆地院裁處。法官認為,物流公司地址為公開資訊,無積極證據證明該批貨物為物流公司人員訂購,裁定物流公司何姓總經理免罰。
警方調查,該批貨物屬於行政院函頒「警察機關配備警械種類及規格表」所列瓦斯器械中的「瓦斯噴霧器(罐)」,屬公告查禁的器械。是某企業公司委託報關公司報關後,寄往該物流公司,因此認定物流公司何姓總經理涉犯社會秩序維護法,依法將他移送法院裁處。
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何姓總經理應訊時則辯稱,該批貨是中南部某企業社委託報關公司報關,與公司並無關係,並非公司委託報關;雖然該批貨物填寫的收貨地址與公司倉庫相同,但完全沒有進過這批貨,不知道為何會寄到公司。
法官調閱相關資料發現,委託報關的企業社與物流公司並不相關,且出具委託報關者並非物流公司,雖寄送地址與收貨人聯繫電話與該物流公司主管相同,但收貨者仍為申請報關的企業社,難認定物流公司總經理為實際進口之人,故裁定免罰。另768只防狼噴霧器為違禁物,宣告沒入。
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