9911796707
TMI Blog2023 (9) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... The Act. 2. Based on intelligence regarding export of Red Sanders Wood misdeclared as Royal Chimney by one M/s Ashoke Enamel and Glass Works Pvt. Ltd. Kolkata the DRI detained two containers under export, vide shipping bill No. 1760925 dated 14.09.2012. The said containers upon examination in the presence of representatives of the exporters/CHA/Freight forwarder and others were found to contain Red Coloured Logs of different sizes and diameters. These were found to be in actuality "Red Sanders Wood" weighing 5050 kg. The said containers were transported under ARE-1 No. 12/AEGW/2012-13 dated 14.09.2012 issued by Superintendent of Central Excise Range J, Howrah North Division II, Kolkata - II and declared as Royal Chimney. At the time of exa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho in turn handed over the required documents for purpose of export and the Authorization Letter in their name. The appellant claims that they had never met Sanjay Singh, nor knew of his address/antecedents. The proprietor of the CHA firm, also stated that though initially they had filed the shipping bill for 1050 boxes at the rate of 24 pieces per box of Glass Chimneys but later on as advised by the exporter that only 700 boxes could be loaded, the invoice and packing list were changed and a fresh shipping bill was filed. They admit that they were not aware of the name, address, phone number, driving license number of the driver of the truck concerned and as also they were neither present at the time of the stuffing of the container nor of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2012, however, it is their contention that on 15.09.2012, an email was received from said Sanjay Singh, to put the cargo on hold and await further instructions. Later on 18.09.2012 through an employee of AGS World Wide Transport Pvt. Ltd. - Dharmendrs Rai, they were informed of the arrival of the cargo at the docks gate, requesting them to make necessary arrangements for the entry of the said vehicle in the docks. 5. As for the handing over of the blank signed and sealed requisition permit form to the driver, it was done through Sajal Sardar the employee of the CHA who met the driver of the vehicle driver after contacting him over the mobile number and handed the said blank documents only after checking the vehicle number, container number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. Further, being a CHA it is all the more prime responsibility of the appellant that they ensure that the said middlemen had introduced them to the rightful person and not merely shoot in dark for certain business interests. The appellant cannot however escape of their responsibility and the special burden cast on them as a CHA, besides being certainly guilty of carelessness, negligence and omissions and commissions that have facilitated the entry of the offending goods (red sander wood logs) into the port area, for purpose of export to a third country. 9. In view of the aforesaid, and our findings supra. We are of the view that the appellant has rendered himself liable to penal consequences. As the Show Cause Notice fails to bring to for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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