9911796707
TMI Blog2022 (12) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... as held that Vessel MT Capricorn - International Maritime Number (IMO) : 8900878 designated by the Libya Sanctions Committee ("Committee" hereinafter) of the Security Council of United Nations ("UNSC" hereinafter) was not permitted to enter into Indian Port having been prohibited vide S.O. 2158(E) dated 20.06.2016 issued by the Ministry of External Affairs (MEA) and published in the MEA Extra Ordinary Gazette No. 1545 ("S.O." hereinafter). Appellants, M/s. KPG Enterprise is the importer of the Vessel, M/s. Campass Shipping & Trading Limited (UAE) is the seller of the vessel, M/s. Soham International, Bhavnagar is the authorized signatory of M/s. Campass Shipping & Trading Limited (UAE) and M/s. Admiral Shipping Agency, Bhavnagar is the agen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considering the reply and hearing the appellants, the impugned Order is passed by which the subject vessel is held liable for confiscation under section 111 (d) of the Act and accordingly penalty of Rs. 60,00,000/- was imposed upon the importer and Rs. 25,00,000/- penalty was imposed under section 112 (a) & (b)(i) of the Act upon the importer and other co-noticees. All the appellants except Mr. Haitham Khaddour, master of the vessel have preferred the present appeal before this Tribunal against the impugned order. 3. Shri Rahul Gajera, learned counsel appearing for the appellant submitted that S.O. dated 20.06.2016 was issued under section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947) in order to implement the UNSC Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... els loading, transporting and discharging petroleum including crude oil whereas in the present case the vessel was undisputedly brought in without such cargo and solely for the purpose of breaking; finally, it is submitted that all the details were correctly declared before the customs including IMO number of the vessel and hence the allegation of mis-statement/mis-declaration alleged against the appellants is incorrect. 4. Shri V.G. Iyengar, learned Superintendent (AR) appearing for the department submitted that prohibition by the Resolution was in force upto 18.04.2018 and the vessel was imported on 10/14-02-2018 and hence on the date of importation of vessel the same was prohibited by the S.O. dated 20.06.2016; he further re-iterated th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by various concerned authorities and it was only when the vessel was part-broken; the same was placed under seizure by the officers of DRI. In absence of any mechanism or modalities framed viz. to bring prohibition in force or notification issued under section 11 of the Act; Section 111(d) of the Act cannot be pressed into service particularly when the S.O. dated 20.06.2016 by itself does not expressly prohibit the entry of the vessel. Learned commissioner clearly erred in reading para 4 read with para(4)(b) word "prohibition" which is not so as per the plain reading of para 4 but rather it is the conferment or enabling powers to prevent the designated vessel from entering Indian ports. 6. Further, it can be seen that the S.O. dated 20.06 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, the objective of the UNSC was no longer to take measures in respect of designated vessels itself but was restricted only with respect to loading, transportation and discharge of crude oil, petroleum etc from Libya; in that view, the subject vessel even when designated by committee, was entered into India for the breaking/recycling purposes only and it is nobody's case that when it entered India, it carried crude oil, petroleum etc loaded from Libya; as per the perusal of the available records, it is not disputed fact that the vessel was, after due clearances from UAE port authorities, brought to India without cargo for breaking/recycling purposes on 10/14.02.2018; during that period and for the said purpose, there appears to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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