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2015 (4) TMI 1051 - HC - CustomsForfeiture of the security furnished by petitioner in terms of Regulation 14(1) of Courier Imports and Exports (Clearance) Regulations, 1998 - sub-contracting - On an inspection being conducted and offence report was made by the Joint Commissioner, Air Cargo Complex, Bengaluru, which was to the effect that petitioner did not engage itself in the international transportation of goods i.e., collecting and delivering of goods as per Courier Regulations, it had outsourced its job by appointing agents namely M/s.ADP Express Private Ltd. to act as an agent to their Hong Kong shipments and M/s. Universal Courier Pvt. Ltd. for Singapore shipments. Hence, the Joint Commissioner of Customs was of the view that in terms of Regulation 13(j) of Courier Regulations the Authorized Courier was not entitled to enter into sub-contract or outsource its functions permitted or required to carry out by it in terms of Courier Regulations, without obtaining written permission of the Commissioner of Customs. Held that:- In view of the fact that Commissioner of Customs instead of revoking licence had taken a lenient view and forfeited the bond amount, cannot be held either as being without authority or being disproportionate to prove infraction or not being in consonance with the Courier Regulations. Writ petition is hereby dismissed with costs. - Petitioner shall pay costs of ₹ 10,000/- to respondent - Decided against the petitioner.
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