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TMI Blog2018 (11) TMI 1579X X X X Extracts X X X X X X X X Extracts X X X X ..... dent of Customs, Old Tuna Port, informing the petitioner that in respect of the Shipping Bill No.106/2018-19 dated 13.11.2018 filed by the petitioner with the office, certain representations have been received by that office raising the issues enumerated thereunder, which is under consideration of the Customs House, Kandla and further informing the petitioner that after consideration of the same, a decision will be taken in the matter, which will be communicated to it. 4. The petitioner is engaged in the export of livestock of sheep and goats. The petitioner has been issued importer exporter code by the Director General of Foreign Trade (DGFT) under the Foreign Trade (Development and Regulation) Act, 1992 and has been exporting live sheep and goats from Tuna Port upon purchasing such livestock from Gujarat, Rajasthan and other places in India. The live sheep and goats so purchased are kept in special premises near Tuna Port and maintained till their actual exportation. It appears that this port is a suitable port for livestock of sheep and goats due to its strategic and particular location and such livestock exports have been taking place even pre-independence from this port and r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th by the petitioner and that the respondent authorities have not pointed out any breach of law in compliance of any statutory provisions on part of the petitioner insofar as the export of the livestock in question is concerned. It was submitted that in the absence of any restrictions having been imposed by the Central Government under the relevant statutory provisions, it is not permissible for the respondents to restrain the petitioner from exporting the livestock and keep it on hold in terms of the communication dated 16.11.2018. It was submitted that the objections and points of consideration canvassed by the respondents are not prescribed by any law. It was emphatically argued that till date, the petitioner has already suffered huge loss and continues to incur demurrages and maintenance of the live stock with each passing day which is equally huge for them to bear. It was urged that the impugned communication dated 16.11.2018 be quashed and set aside and the respondent authorities be directed to process the shipping bill dated 13.11.2018 submitted by the petitioner and unless any statutory requirement is not complied with, to permit the export thereof. 6. On the other hand, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties. 8. On behalf of the Animal Welfare Foundation, Mr. S. N. Soparkar, Senior Advocate, learned counsel has submitted that vide Trade Notice No.18/2018 dated 23rd October, 2017, the exporters have been sensitized to ensure that Sanitary and Phyto-Sanitary laws of importing countries are strictly adhered to. They are advised to seek requirements of importing country along with export order and while, exporting goods, they must provide certificate (s) from designated agencies along with export documents indicating the observance of the norms mandated by the importing country. Reference was made to the Federal law number (6) of the year 1979 concerning veterinary quarantine of U.A.E. and more particularly, Article (5) thereof, to submit that the requirements thereof are required to be satisfied by the exporter while exporting the livestock. 9. The short question that arises for consideration in the present case is regarding the validity of the query memo dated 13.11.2018 and the communication dated 16.11.2018 of the Superintendent of Customs, Old Tuna Port. Insofar as the query memo dated 13.11.2018 is concerned, as noted hereinabove, the petitioner has already complied with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of certain laws have not been followed. In the opinion of this court, if there is breach of any provision other than the provisions of the Customs Act and the Import Export Policy, it is for the concerned authorities under those Acts to take action in respect of such breach. The customs authorities are governed by the provisions of the Customs Act and the Import Export Policy, and are required to take action pursuant to the shipping bill filed by an exporter within the four corners of such law and the policy and restrictions provided thereunder. The Superintendent of Customs, Old Tuna Port, therefore, merely on the basis of certain representations received from different quarters, could not have kept the shipping bill of the petitioner on hold till such representations are considered. It may be noted that the petitioner is in the business of exporting of livestock. Once it receives an export order, it is required to comply with the time-lines. If there is a valid reason for refusing to permit such export, it is always permissible for the custom authorities to do so. However, the custom authorities are not justified in keeping the shipping bill on hold merely because they ..... X X X X Extracts X X X X X X X X Extracts X X X X
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