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TMI Blog2016 (9) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... e vessel while leaving the port though it may be necessary for the vessel to have the original port clearance certificate in case it is intercepted or for that matter for any other inspections. Section 42 of the Act only says that the vessel shall not sail unless a written order is given by a proper officer. Perhaps the appellant, Steamer Agent was in possession of the Port Clearance Certificate and the Master of the ship had in possession only a photocopy of Port Clearance Certificate. Section 148 of the Act states that the principal/master of the vessel shall be liable for the acts or omissions committed by the agent and vice versa. At the time of sail of the vessel if the appellant who are Steamer Agents of the vessel were holding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artment on 01.02.2012 which was valid for 72 hours i.e. till midnight of 04.02.2012. Later, vide their letter dated 04.02.2012, they requested for extension of port clearance stating that the subject vessel has not sailed from the port after completion of loading operations due to the dispute between owner and Charters. As requested by appellant the port clearance was amended and extended till midnight of 07.02.2012. On the next day, 08.02.2012, appellant surrendered the Port Clearance and informed vide their letter dt. 08.02.2012 that the dispute between owners and Shippers could not be resolved and hence the subject vessel has not yet sailed from Kakinada port. Appellant also informed that port clearance will be obtained as and when the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants had surrendered the original of Port Clearance Certificate 08.02.2012, the vessel had already sailed before mid night of 07.02.2012. Till mid night 07.02.2012 there was a valid port clearance issued by the Department and that therefore there was no violation of Section 42 of the Act as alleged. The allegation that the vessel sailed without authorization is not correct, because at the time of sail of the vessel there was a valid Port Clearance Certificate issued by the Department. Further that it may be correct that the appellants had some disputes with the vessel regarding the payments to be made but the appellants themselves had informed the department that the vessel has left on 07.02.2012 itself and therefore it is evident ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has answered the question put to him under section 38; (b) the provisions of section 41 have been complied with; (c) the shipping bills or bills of export, the bills of trans-shipment, if any, and such other documents as the proper officer may require have been delivered to him; (d) all duties leviable on any stores consumed in such conveyance, and all charges and penalties due in respect of such conveyance or from the person-incharge thereof have been paid or the payment secured by such guarantee or deposit of such amount as the proper officer may direct; (e) the person-in-charge of the conveyance has satisfied the proper officer that no penalty is leviable on him under section 116 or the payment of any penalty t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The allegation of the Department that the vessel sailed without issue of Port Clearance Certificate and in violation of Section 42 is not correct and not supported by evidence. Though the appellants surrendered the Original Port Clearance Certificate to the Department on 08.02.2012 such surrender does not have any effect as the vessel has already sailed from the port. The proceedings have been initiated only after surrender of the Port Clearance Certificate. There is no evidence to show that the vessel had sailed from the port after mid night 07.02.2012. Section 42 of the Act only says that the vessel shall not sail unless a written order is given by a proper officer. Perhaps the appellant, Steamer Agent was in possession of the Port Clear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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