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2009 (2) TMI 184 - AT - CustomsExport Goods –Commissioner has held that the exporter/CHA have failed to perform their duties properly as they did not inform the Shipping Agent to stop the containers from being loaded without the supervision and approval of the officer of Customs; and that they did not make any genuine attempt to stop the container from being loaded before sailing of the vessel – held that - There is nothing on record to hold that the exporter/CHA have handed over the containers to the Shipping line for loading after entry into the dock. Being the Customs area, it is under the custody and control of the custodian. In fact, the letter dated 8-6-07 from the CHA states that on 15-1-07, when the CHA went to hand over out of charge Shipping bill to the Shipping Co., at that the time they came to know that the vessel has already sailed. - confiscation of the goods already exported, which are not available for confiscation and imposing redemption fine on the exporter is not correct
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