9911796707
TMI Blog2012 (10) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... rder]. - Heard both sides. 2. The learned advocate Shri Hari Radhakrishnan states that the appellants are working as CHA and under the impugned order, forfeiture of the security amount of Rs. 25,000/- deposited by them, has been ordered, charging them with violation of Regulation 13(a) and (d). The allegations are that they did not have an authorisation from M/s. Nelcast Ltd., the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over to another CHA, as instructed by M/s. DAMCO. The appellants have not done anything illegal and they have been paid for their legal services only. 3. The learned advocate states that no action has been taken against the importers or M/s. DAMCO or in respect of the impugned goods, which has since been exported. Under such circumstances, there is no justification for taking any penal acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. DAMCO. It appears that the complaint to the Customs authorities might have been made pursuant to such threats. 6. After hearing both sides, I find that there is nothing to indicate that the appellant-CHA has acted mala fide in any manner. It is usual in international trade these days for logistic companies to act as agents of the importers and exporters and engage CHAs on their behalf. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the latter should not attempt to re-export the cargo even though they themselves had executed the Customs bond to re-export the cargo within six months. If anyone, it is the importers, whose bona fides are in doubt. Strangely the Customs authorities have not taken any action against the importers but have acted against the appellant-CHA in this case, without there being sufficient reason for suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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