2002 (12) TMI 97 - HC - Customs

Summary

Issues:
Challenge to show cause notice seeking penalty under Section 116 of the Customs Act, 1962 based on out turn report issued by the Port Trust.

Detailed Analysis:

1. Background and Allegations:
The petitioners challenged a show cause notice issued by Customs authorities seeking to levy a penalty under Section 116 of the Customs Act, 1962. The notice was based on the alleged short landing of a container containing valuable chemicals from a foreign vessel at the port of Bombay. The container, which was manifested under Item 92 of the Import General Manifest, went missing after being discharged at the port.

2. Events Leading to Investigation:
After the container was reported missing, investigations revealed that the cargo had been stolen from the Bombay Port Trust docks and taken to Delhi for sale. Despite efforts to locate the container, it was confirmed to have been stolen. Subsequently, the Port Trust issued an out turn report indicating that the container was short landed from the vessel.

3. Legal Challenge and Court's Analysis:
The petitioners contested the show cause notice, arguing that penalty under Section 116 of the Customs Act could not be imposed solely based on the out turn report issued by the Port Trust. The court referred to a previous judgment where it was held that such penalties cannot be levied solely on the basis of Port Trust reports. The court emphasized that there was no evidence of short landing at the time of discharge, as required under Section 34 of the Customs Act.

4. Conclusion and Judgment:
The court found that the show cause notice, relying only on the belated out turn report, was not sustainable. It noted that the container was stolen from the Port Trust premises and later located at Indira Docks, with its contents sold in Delhi. As there was no proof of short landing during discharge, the court quashed the show cause notice and ruled in favor of the petitioners. The judgment concluded by setting aside the notice and making the rule absolute without any costs.

This detailed analysis outlines the legal proceedings, factual background, arguments presented, court's interpretation of relevant laws, and the final judgment in favor of the petitioners challenging the show cause notice based on the out turn report issued by the Port Trust.