TMI Blog2013 (10) TMI 1153X X X X Extracts X X X X X X X X Extracts X X X X ..... on proper documents. The appellants do not exercise control over transportation of containers. The only aspect that is verified when the container is handed over back is whether it is damaged or not. Once the container is not damaged, it again enters in to the trading channels for stuffing and destuffing and moves from place to place. After going through the statement of the appellant and the circumstances under which the container has been intercepted, I find that there is no evidence to show that that the appellant had actually assisted in loading red sanders or tampering the container or they were even aware that red sanders had been filled into the container somewhere on the way until the container was recalled and examination was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers and it was also found that even though the customs seal and the other seals were intact, the rivets and handle etc. were tampered with resulting in a situation where container could be opened without breaking the seals. On the ground that the appellant had abetted in the export of red sanders in the guise of polished granites, a penalty of Rs. 20,000/- has been imposed and the appellant is seeking waiver of predeposit and stay against recovery of the same. Since the issue is only a penalty of Rs. 20,000/- and the appellant is an individual and the learned advocate submitted that the appellant has left the job, and sought final decision. I consider it appropriate that predeposit should be waived and matter decided finally. 2. The learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eet container for Jebel Ali, Ex-Hyderabad for general cargo, with the stuffing date as 04-02-2011 and the place of stuffing is ICD-HYDERABAD/FACTORY. On the same date through email a delivery order was sent accepting the booking with a copy to M/s Master Marine Service Pvt. Ltd, Hyderabad who are the surveyors of the container arrived by import under the Indus Line slots. On 05-2-2011, a representative of M/s Marine Trans, Hyderabad approached M/s Master Marine Service Pvt. Ltd, Hyderabad for the delivery of the container bearing no. CRXU1528346 was allotted on the same day. The container bearing no. CRXU1528346 arrived by vessel CMA CGM QUART, Voyage No. EP710W under IGM No. 26304 dated 11-12-2010 at Nhava Sheva, the consignee being MTC bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel schedule. On the same day i.e. 10-02-2011 an email was sent to Krishna as well as to our Surveyor Shri Amit giving the vessel schedule as M.V. CIMBRIA V - 022 ETA NSICT 16-02-2011 AT ABOUT 6.40 PM. In reply to your specific query as to whether the exporter was aware of the vessel schedule prior to 09-02-2011, I state that an enquiry for the vessel schedule was received by us only on 10-02-2011 only after the container was sent to Nhava Sheva by road from CFS, Hyderabad. Prior to the despatch of the container by road the schedule of the vessel was not in the knowledge of the exporter or in the knowledge of M/s Marine Trans, Hyderabad. As per my surveyor's daily report, the subject container has arrived at Nhava Sheva on 16 th February 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r export to the party on production of the Delivery Order issued by our Mumbai office, receipt of the stuffed container duly sealed by the Customs on proper documents before loading them on to the vessel. We are not either owning or arranging any trailers/transport of the movement of the containers from ICD/CFS to port of Shipment." 5. The extracted portion of the statement shows clearly that the appellant gives containers on request made by importers/exporters; in the case of container, the appellant does not require to be informed of what is contained in the container; the appellants have deployed surveyors in different places. It is the responsibility of the surveyors to receive the empty containers back from the importers, handing ove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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