9911796707
TMI Blog2013 (10) TMI 1153X X X X Extracts X X X X X X X X Extracts X X X X ..... bay from Hyderabad ICD and it was recalled because the DRI had intelligence that the container was stuffed with red sanders in addition to polished granite. On an examination of the container, it was found to contain red sanders and it was also found that even though the customs seal and the other seals were intact, the rivets and handle etc. were tampered with resulting in a situation where container could be opened without breaking the seals. On the ground that the appellant had abetted in the export of red sanders in the guise of polished granites, a penalty of Rs. 20,000/- has been imposed and the appellant is seeking waiver of predeposit and stay against recovery of the same. Since the issue is only a penalty of Rs. 20,000/- and the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hyderabad through container Number CRXU1528346, I wish to state that Mr. Krishna of M/s Marine Trans, Hyderabad on 04-02-2011 sent a email to my customer service with a request for booking a container. The request was for one 20 feet container for Jebel Ali, Ex-Hyderabad for general cargo, with the stuffing date as 04-02-2011 and the place of stuffing is ICD-HYDERABAD/FACTORY. On the same date through email a delivery order was sent accepting the booking with a copy to M/s Master Marine Service Pvt. Ltd, Hyderabad who are the surveyors of the container arrived by import under the Indus Line slots. On 05-2-2011, a representative of M/s Marine Trans, Hyderabad approached M/s Master Marine Service Pvt. Ltd, Hyderabad for the delivery of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to its destination. On 10-02-2011 Shri Krishna of M/s Marine Trans, Hyderabad by email intimated the date of departure of the container by road on 09-02-2011 and requested to acknowledge the receipt of Form-13 and to give the vessel schedule. On the same day i.e. 10-02-2011 an email was sent to Krishna as well as to our Surveyor Shri Amit giving the vessel schedule as M.V. CIMBRIA V - 022 ETA NSICT 16-02-2011 AT ABOUT 6.40 PM. In reply to your specific query as to whether the exporter was aware of the vessel schedule prior to 09-02-2011, I state that an enquiry for the vessel schedule was received by us only on 10-02-2011 only after the container was sent to Nhava Sheva by road from CFS, Hyderabad. Prior to the despatch of the container b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essage issued by our Mumbai office of for movement to their factory/warehouse premises for destuffing. It is also the responsibility of our surveyor for receipt the empty container back from the importer, handing over the empty container for export to the party on production of the Delivery Order issued by our Mumbai office, receipt of the stuffed container duly sealed by the Customs on proper documents before loading them on to the vessel. We are not either owning or arranging any trailers/transport of the movement of the containers from ICD/CFS to port of Shipment." 5. The extracted portion of the statement shows clearly that the appellant gives containers on request made by importers/exporters; in the case of container, the appellant do ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
