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TMI Blog2018 (11) TMI 1579X X X X Extracts X X X X X X X X Extracts X X X X ..... s have not been followed. In the opinion of this court, if there is breach of any provision other than the provisions of the Customs Act and the Import Export Policy, it is for the concerned authorities under those Acts to take action in respect of such breach. It is an admitted position that this is not a case of confiscation of goods, but a case where the shipping bill is not being processed on account of representations made by some third parties. Reliance placed upon the provisions of clause (d) of section 113 of the Act is therefore, thoroughly misconceived and deserves to be stated only to be rejected. In the absence of non compliance of any statutory provision, the respondent No.3 is not justified in keeping on hold the shipping bill of the petitioner. The representations received by the respondent No.3 being extraneous to the provisions of the Customs Act, ought not to have deterred him from performing his duties in accordance with law - impugned communication dated 16.11.2018 whereby the shipping bill of the petitioner has been kept on hold, therefore, cannot be sustained - petition allowed - decided in favor of petitioner. - R/SPECIAL CIVIL APPLICATION NO. 17433 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to stop export of sheep and goats from Tuna Port and directed the Deen Dayal Port authorities not to allow movement of goats and sheep meant for export. The petitioner challenged such orders before this court by way of a writ petition being Special Civil Application No.12462 of 2018, which came to be admitted and by way of interim relief, the implementation of the communication impugned therein came to be stayed till the pendency of the petition, with a direction that the petitioner shall comply with all requisite rules and regulations for export of livestock in future, after obtaining the necessary certificates and necessary permissions from the concerned authorities. 4.2 Thereafter, on 1st November, 2018, the Port Trust authorities issued permission for movement of livestock for export after much harassment, persuasion and efforts and suffering a lot of pressure from the overseas buyers who had placed orders with them. In the meantime, they had suffered a lot of recurring losses. 4.3 Insofar as the present petition is concerned, based on an export order, the petitioner filed Shipping Bill No.106/2018-19 dated 13.11.2018 at Old Tuna Port. Their vessel, livestock and everythi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d organizations. It is averred in paragraph 24 of the affidavit-inreply that though ship and goats are freely exportable under the Export Policy notified vide Notification No.47/2015-2020 dated 31.01.2018, but Para (1) of the General Notes to Export Policy states that the free exportability is subject to any other law for the time being in force. The learned counsel for the respondents invited the attention of the court to the provisions of sub-section (33) of section 2 of the Customs Act, 1962, which defines prohibited goods as well as to the provisions of clause (d) of section 113 of the said Act, which provides for confiscation of goods attempted to be improperly exported, etc. It was submitted that even if the goods are freely exportable under the Export Policy, for the purpose of considering prohibition aspect, all other laws are also required to be taken in consideration. It was further submitted that if any of the four procedures challenged by the petitioner have been incorporated in any law, it is mandatory to follow the same failing which the goods will be treated as prohibited goods . The learned counsel for the respondents is, however, not in a position to pinpoint an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hus: F.No.SB-106/2018-19 Date: 16.11.2018 To, M/s Prisha Overseas Pvt. Ltd., 3/4 Shankar Nagar Society, Radhaswami Road, Ranip, Ahmedabad. Gentlemen, Subject : Shipping Bill No. 106/2018-19 dated 13.11.2018 In respect of Shipping Bill No. 106/2018-19 dated 13.11.2018 filed by you with this office, it is to inform that certain representations have been received by these office raising issues, including, following: - Applicability of the BIS 14904:2007 (Transport of Live-stock Code of Practice) in exportation of livestock; - Applicability of international guidelines / standards in the form of Terrestrial Animal Health Code, issued by World Animal Health Organization (OIE); - Applicability of Quarantine procedure and certification laid down by AQCS prior to exports; - Necessity of health/fitness certificates issued by the Veterinary Officer under whose jurisdiction the port of export is situated. 2. This issue is under consideration with Customs House, Kandla. It is to inform that after consideration of the same decision taken in the matter will be communicated. Yours sincerely, sd/- (Manoj Kumar Ojha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of section 2(33) of the Act which defines prohibited goods and reads thus: (33) prohibited goods means any goods the import or export of which is subject to any prohibition under this Act or any other law for the time being in force but does not include any such goods in respect of which the conditions subject to which the goods are permitted to be imported or exported have been complied with; 14. In the present case, it is an admitted position that export of the goods in question is not prohibited under the Customs Act or any other law for the time being in force, nor is the learned counsel for the respondent able to point out to the court as to which condition subject to which the goods are permitted to be exported has not been complied with, under the circumstances, reliance placed upon the said provision is misconceived. 15. The learned counsel for the respondents has further placed reliance upon the provisions of clause (d) of section 113 of the Act which insofar as the same is relevant for the present purpose reads thus: 113. Confiscation of goods attempted to be improperly exported, etc.- The following export goods shall be liable to conf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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