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2020 (1) TMI 489 - AT - CustomsRevocation of CHA License - forfeiture of security deposit - no physical interaction with the exporter was made - smuggling of Red Sanders - export consignment which was cleared by the appellant through the impugned Shipping Bill which pertained to HB wires contained logs of Red Sanders, which is banned for export in terms of export and import policy - violation of provisions of Section 11A, 11 (d), 11 (1), 11 (n) of CBLR - HELD THAT:- The appellant has not obtained the job of clearance of export consignment directly through exporter M/s. Panel Pin Manufacturing, but through series of intermediary which included manipulation of Red Sander smuggling. Though the necessary verification about such KYC etc., was conducted by the appellant, however, no physical interaction with the exporter was made. This in itself will not be a major infraction of the Provisions of CBLR which does not envisage the physical verification of the exporters and antecedent including the verification of factory premises of the exporter and the goods contained in the container. The revocation of the license of CHA is disproportionate of the offence committed by them under the various provisions of CBLR 2013 as amended. So is the case of forfeiture of the Security Deposit - But in the fact and circumstances of the case, we also find that the appellant deserves to be cautioned and vigilant in future for taking appropriate precaution while entering into the business through intermediaries. Appeal allowed - decided in favor of appellant.
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