TMI Blog2023 (9) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... tails thereof are made, the port authorities do not issue the DDM permit, nor allow the driver or the vehicle driven by him to enter into the dock. Further, it is not only the appellant, but it has also been admitted by their key personnel like Uttam Roy (Supervisor of National Agency), that he did not know of any responsible person of the exporting firm and that their CHA firm was never engaged by the said exporter earlier. However, they did not take any steps to verify the genuineness of the exporting firm by visiting the office premises or even talking to any responsible person - appellant cannot however escape of their responsibility and the special burden cast on them as a CHA, besides being certainly guilty of carelessness, neglige ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xporters/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 examination, the Customs seals were found to be entact. The Director of the exporting firm, Abhishek Jhunjhunwala informed the authorities that they had never personally met the overseas buyer and were in contact through a middleman Sanjay Singh and that services of Steamer Agent, Freight Forwarder CHA, transporter etc. were all organiz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 any particulars of the truck used for carting of the said container. 4. The learned Counsel for the appellant pleads that as a CHA they have been carrying on the business relating to import and export at any Customs Station and were led into the clearance of the said consignment of Royal Chimneys with enquiries and discussions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting 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 and seal number put on the container from the ARE-1. It was also ascertained by the said Sajal Sardar that the cargo containing the said consignment was despatched from the factory premises of the exporter on 14.09.2012 only. There thus remains unexplained time lag in the shipment of the cargo, in its arrival at the port pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 fore any express and active collusion in the attempted exports of Red Sander Wood logs on the part of the appellants and but for our findings supra, noting the various acts of omissions and commissions on the part of the appellants, we are of the view that imposition of a penalty of Rs. 50,000/- under Section 114(i) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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