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TMI Blog2008 (10) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... load the goods only with the permission of the proper officer which was not done The penalty on the shipping line upheld - As regards confiscation of goods, the goods were never available for confiscation and had already been cleared when the offence was detected and in such circumstances the goods could not have been confiscated therefore confiscation set aside. X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty of Rs. 2,00,000/- each on M/s. Zenith Rubber and Plastics Works, M/s. Universal Shipping and Forwarding Agency and M/s. Om Suchi Shipping and Logistics Pvt. Ltd. and Rs. 5,00,000/- on M/s. CSAV Group Agency-the shipping agency. M/s. Zenith Rubber and Plastics Works-the exporter and M/s. CSAV Group Agency-the shipping line is presently in appeal before me. 4. Ld. Advocate for the exporter M/s. Zenith Rubber and Plastics Works submitted that the container was loaded on the basis of confirmation given by M/s. Om Suchi Shipping and Logistics Pvt. Ltd. without their knowledge and instructions and they were not aware that the goods were loaded before passing of shipping bill and without obtaining a Let Export Order. It was a lapse on the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rivate Ltd., Bombay v. Collector of Customs, Bombay - 1983 E.L.T. 1173 (CEGAT). 5. On behalf of shipping line it was submitted that the goods were loaded on the instructions of broker who has promised that the export documents will be furnished and the vessel was a planned vessel, the goods were loaded on the assurance of the broker. The exporter wanted to ship the cargo urgently and it was confirmed that the shipping bill was passed by customs. As a shipping company they have to take the instructions from the shipper or its nominee whether the shipping bill has been passed or not. It is a common practice in the industry that forwarder/broker/CHA sends the copy of final print out after the sailing of vessel. The port of Nhava Sheva is cong ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. I have considered the submissions. 8. I find that in this case the goods were loaded on vessel which was to sail on 10-9-06. It was a planned vessel and the exporter, CHA and others all knew that the ship was to sail on 10-9-06. It was also in their knowledge that 9th and 10th being Saturday and Sunday, there was no possibility of filing shipping bill on these dates. In fact these are the reason explained by them for not filing shipping bill on 9th and 10th September: Since the broker was engaged by the exporter, it was on his instructions only that the goods were asked to be loaded on the vessel which was due to sail on 10-9-06. In such circumstances, it was the duty of the exporter, CHA and the broker to stop the shipping line from lo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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