TMI Blog2021 (11) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... gulations in this regard. Noticing the hazardous nature of the goods, let the process be completed at the earliest. An attempt shall be made to dispose it of as far as possible within three (3) months. Petition disposed off. - R/SPECIAL CIVIL APPLICATION NO. 12244 of 2021 - - - Dated:- 28-10-2021 - HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Appearance: HIREN J TRIVEDI(8808) for the Petitioner(s) No. 1,2 MR PRIYANK LODHA for the Respondent(s) No. 2,3 NOTICE UNSERVED(8) for the Respondent(s) No. 1 ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI) 1. Here is a petition preferred seeking to invoke the extraordinary jurisdiction of this Court for seeking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of prayer clause A and B and C hereinabove; (E) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case. 2. The petitioner is a shipping agent. It is the case of the petitioner that M/s. Allied Shipping Lines is the principal shipping agent which appointed M/s. Qingdao Hi-lander Logistics Co. Ltd., Qingdao (China) as shipping line agent. The petitioner is a shipping agent at Mundra Port. The cargo which was booked by the shipper M/s. C.I.P. Global Co. Ltd., Jinan, China for consignee M/s. Tofigh Daru Research Engineering Co., Tehran, Iran was for the shipping agent M/s. Qingdao Hi-lander at Qingdao, China for Bandar Abbas (Iran) through transs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the goods. The respondents require to return the container and it can deal with the goods in the manner it is provided under the law. What has aggrieved the petitioner is the non-action on the part of the respondents. 2.6. The petitioner emphatically urges that it has nothing to do with any of the liabilities. 3. This Court has chosen to issue the notice and other side appeared and filed its detailed reply. 4. According to the respondents, it is the petitioner which has provided the false and wrong documents to the vessel agent which has misdeclared the cargo and this incorrect and false report resulted into exercise of the powers under Section 110(1) of the Customs Act. This was treated as misdeclared cargo without observing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner concerning this aspect and the reply both have been produced. The letter reads thus: - Subject: - Seizure of Methyl Benzene Sulfonate - M/r. Please refer to above mentioned subject 2. The goods were seized under seizure memo dated 20.09.2020 and Methyl Benzene Sulfonate is classified under category of hazardous goods as per Material Safety Data Sheet, the said product is considered as HAZARDOUS OSHA, 2012 Hazard Communication Standard. The same may be considered under Class 3 (Flammable Liquids) DGCPL Rules, 2013 and the goods/cargo having national security implication as well as it is hazardous and flammable in nature. 3. The matter has national security implications and there is very high risk haza ..... X X X X Extracts X X X X X X X X Extracts X X X X
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