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Issues involved: Challenge to orders passed by Customs Department seeking to levy penalty u/s. 116 of the Customs Act for alleged short landing of cargo.
Summary: The petitioners challenged the Customs Department's orders seeking to levy penalty u/s. 116 of the Customs Act for alleged short landing of cargo. The vessel in question arrived at the port of Kandla carrying Acrylonitrile Monomer for discharge. A shortage of 1.250 M.T. was noticed in the ullage report, within permissible limits. The Customs Department imposed a penalty based on shore tank measurement, which the petitioners contested, citing the ullage report as the correct method for determining cargo quantity. The petition argued that previous court decisions supported their position that shore tank measurements should not be used for penalizing ship owners u/s. 116 of the Customs Act. The petitioners contended that the Customs Department's penal action based on shore tank measurement was unwarranted, as the quantity discharged should be determined by the ullage report taken at the time of discharge, not shore tank measurement taken kilometers away. They relied on legal precedents to support their argument. The respondents raised objections regarding jurisdiction and the availability of further appeal options, which the court found meritless. The court held that it had jurisdiction to entertain the petition since the impugned order was passed in Mumbai. It also determined that the petition, pending for over 10 years, should be decided in favor of the petitioners. The court emphasized that the ullage report, showing a shortage within permissible limits, should be relied upon, especially since the goods were discharged under Customs supervision. The court quashed the impugned orders and made the rule absolute in favor of the petitioners, with no costs awarded.
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