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2018 (11) TMI 1579 - GUJARAT HIGH COURTValidity of communication dated 16.11.2018 of the Superintendent of Customs, Old Tuna Port - Held that:- The Superintendent of Customs has informed the petitioner that his office has received certain representations raising the issues mentioned therein and that such issue is under consideration of the Customs House, Kandla and that after consideration of the same, a decision will be taken in the matter. Thus, the shipping bill of the petitioner has been kept on hold till the Customs House, Kandla, takes a decision on the representations received by its office. Though the said communication is expressly subject matter of challenge in the present petition, the learned advocate for the respondent No.3 is not in a position to point out as to which statutory requirement the petitioner is required to satisfy and which in fact has not been satisfied by the petitioner. All that is stated is that various representations have been received and that in the light of such representations, it is possible that the provisions of certain laws 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.
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