TMI Blog2017 (3) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... aulted for allowing such let export of the container - penalties set aside - appeal disposed off - decided partly in favor of appellant. - C/53143, 53183-53185/2015-CU[DB] - C/A/52153-52156/2017-CU[DB] - Dated:- 7-3-2017 - Mr. (Dr.) Satish Chandra, President And Shri V. Padmanabhan, Member (Technical) Sh. Deepak Pathak, Advocate for the Appellant Sh.K. Poddar, DR for the Respondent ORDER Per V. Padmanabhan The present set of appeals is directed against the Order-in-Original dated 30.04.2015 passed by the Commissioner Export ICD, Tughlakabad, New Delhi. On the basis of information provided by the DRI that red sanders logs were being smuggled out of India from ICD Tughlakabad, New Delhi, container No. MSCU 2400 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed to be railed out only after verification of the relevant documents, which were duly seen and signed of Customs officials at the gate, and there after the said container was allowed to enter into ICD, TKD. The said container was railed out only on the basis of let export order issued on CRN slip duly stamped and signed by Superintendant of Customs. He further submitted that during investigation, it was found that the related documents were found to be not genuine and fabricated. It was further submitted that the various functionaries of CONCOR were not aware of the fact that the documents were fabricated and have allowed the railing out of the container on the basis of the Let Export Order found in the documents. He also submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egular basis between the Customs authorities as well as CONCOR by which an e-mail is periodically sent giving the complete list of shipping bills where Let Export Orders have been granted by customs. CONCOR is required to rail out only those containers, which are covered by the Let Export Orders given by Customs. What has emerged in investigation in the present case is that the container with the contraband was railed out by CONCOR on the basis of fabricated documents, wherein the Let Export Orders from Customs was shown, where as in actual fact such a Let Export Order has never been issued by Customs. Penalties have been imposed on various functionaries of CONCOR for negligently railing out the container. 7. It has been submitted on beh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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