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2025 (1) TMI 1326

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..... The FCL sealed container was carried from Jebel Ali to Haldia and this being a FCL sealed container. Therefore, as the Delivery Agents were not aware of the contents inside the container or what was carried inside the container and as a reason of which the Bill of Lading of this consignment/container was clause "Particulars of goods as declared by Shipper-Carrier not responsible /Shipper's Load Stow, Count, Seal & Weight, Said to contain". It was only at the time of opening of the container. It came to the knowledge of the appellant that these containers are carrying cigarettes. Conclusion - The fact that being the appellants were not known the contents inside the container and they are only Delivery Agent, in that circumstances, the provi .....

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..... iro, PO Box: 29933, Dubai, UAE. Delivery agent of the container bearing number ECMU 1412360 is Sun Glow Freight & Cargo Pvt Ltd,204,205 & 206, Marshall House, 33/1 N.S.Road, Kolkata 700001. The particulars of the consignment are as follows; Sl.No Container No. Bill of Lading No. Name of the Importer Declared description of goods Declared Qty. 1. ECMU-1412360 GFCLJEAHAL03162 Dated 13.03.2018 M/s R.D.Impex 54A, Kali Krishna Tagore Street, Kolkata-700007 Soft Facial Tissues 260 Cartons (4050 Kgs.) 2.1 Thereafter, DRI Officers visited the registered Office of the importer M/s R.D. Impex at 54A, Kali Krishna Tagore Street, Kolkata-700 006 and residence of Smt. Rama Debi Chamaria, Director of the company, at 9/4Beni Madhab Mukherjee .....

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..... PLY WHITE FACIAL TISSUES", In each carton there were 6 boxes containing 5 packets each box. In each packet there were 150 leaves of white facial tissues. Remaining, 110 cartoons were found to have Cigarettes out of which 10 cartons were having marking as Mond were containing MOND Strawberry Cigarettes (10,000 Filter Cigarettes Super slims) and 100 cartons having marking as FIM12 were containing GUDANG GARAM INTERNATIONAL Cigarettes 240 Filter Kretek 12. In each carton having marking as MOND, there were 50 boxes containing 10 packets each box. In each packet there were 20 sticks. In each such cartons having marking as FIM12 there were 6 boxes containing 10 bundles each box and, in each bundle, there were 20 packets each containing 12 s .....

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..... that in this case, the appellants are only a Delivery Agent of the Principal and acted in a proper manner and ensured that the FCL and sealed container landed properly at Haldia with its seal intact. The FCL sealed container was carried from Jebel Ali to Haldia and this being a FCL sealed container. Therefore, as the Delivery Agents were not aware of the contents inside the container or what was carried inside the container and as a reason of which the Bill of Lading of this consignment/container was clause "Particulars of goods as declared by Shipper-Carrier not responsible /Shipper's Load Stow, Count, Seal & Weight, Said to contain". It was only at the time of opening of the container. It came to the knowledge of the appellant that these .....

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