TMI Blog2018 (9) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudication order does not even deal with the Indian High Commission or EFCC, Nigeria’s letter even though it was mentioned before him during the personal hearing. Enquiries from the Steamer Agent M/s. Arebee Star Maritime Agencies Pvt. Ltd. was also done and the Branch Manager was summoned to appear before the Assistant Director, Enforcement Directorate, Chennai, wherein he stated that they were making enquiries with regard to discharge of shipments at Lagos when it was destined for Russia, and that as soon as they get any evidence regarding the same he would furnish it. However, in the entire order there is no further mention of the result of enquiry. It a case to be remanded back to the adjudicating authority to go into all the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t have submitted that the issue is very limited. They have shipped the goods on FOB basis which means that once the goods have been loaded on board the ship by the seller he is not liable further. That the importer in Russia has not made any complaints regarding non-receipt of the goods and that they have received the repatriation through normal banking channels. He relied on the Bill of Lading which clearly stated that the destination was St. Petersburg (Russia) in transit through Colombo. Hence, they have discharged all the obligations as per law and they are not liable for any penalty. 3. On the other hand, the respondents have stated that the Bill of Lading produced by the appellants are fake. The actual Bill of Lading has been enclo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blish which was the correct B/L. The adjudication order does not even deal with the Indian High Commission or EFCC, Nigeria s letter even though it was mentioned before him during the personal hearing. Moreover, enquiries from the Steamer Agent M/s. Arebee Star Maritime Agencies Pvt. Ltd. was also done and the Branch Manager was summoned to appear before the Assistant Director, Enforcement Directorate, Chennai, wherein he stated that they were making enquiries with regard to discharge of shipments at Lagos when it was destined for Russia, and that as soon as they get any evidence regarding the same he would furnish it. However, in the entire order there is no further mention of the result of enquiry. 5. Accordingly, I find it a case to b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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