2019 (1) TMI 924 - HC - Customs

Court Invalidates Customs Prohibition on Livestock Export, Orders Prompt Processing

EB HUSENI THROUGH ITS PROPRIETOR EZZAZBUDDIN BADRUDDIN HUSENI Versus COMMISSIONER OF CUSTOMS

The High Court quashed and set aside the communication dated 16.11.2018 issued by the Superintendent of Customs in a case where a petitioner challenged ... Prohibition on movement of livestock - alleged violation under the Cruelty to Animals Act for the consignment scheduled to be exported on 6.8.2018 - Held that:- This Court is of the view that the present petition is squarely covered by the decision rendered by the Division Bench of this Court on 30.11.2018 in Special Civil Application No.17433 of 2018 - The respondent authorities are directed to process shipping bill of the petitioner in accordance with law without any further delay. Issues:Challenge to communication dated 16.11.2018 issued by Superintendent of Customs regarding livestock export from Tuna port managed by Deendayal Port Trust.Analysis:The petitioner, engaged in exporting livestock to Middle East Asian countries via Tuna port, challenged a communication dated 16.11.2018 issued by the Superintendent of Customs. The petitioner contended that despite following all rules and regulations, a committee was formed by the District Magistrate and Collector, Kutch, to inspect alleged violations under the Cruelty to Animals Act for a consignment scheduled for export on 6.8.2018. Subsequently, movement of livestock through the port was prohibited. In response, the petitioner filed a Special Civil Application before the High Court, which stayed the communication dated 6.8.2018 and directed compliance with necessary export regulations. When the petitioner sought permission from authorities, the impugned communication was issued, leading to the current petition.In a similar matter, other exporters challenged a communication issued by the respondents in Special Civil Application No.17433 of 2018. The Division Bench of the High Court quashed and set aside the communication in that case on 30.11.2018. The petitioner argued that the present petition falls within the scope of the Division Bench's decision in Special Civil Application No.17433 of 2018, where the communication was invalidated.The Central Government standing counsel, Mr. Desai, presented an affidavit-in-reply but did not contest the fact that a similar communication had been quashed by the Division Bench in Special Civil Application No.17433 of 2018. After considering the arguments from both sides, examining the evidence on record, and reviewing the Division Bench's judgment in Special Civil Application No.17433 of 2018, the High Court concluded that the present petition aligns with the Division Bench's decision. Consequently, the communication dated 16.11.2018 was quashed and set aside, and the petition was allowed in accordance with the judgment of 30.11.2018. The respondent authorities were directed to process the petitioner's shipping bill without delay, and direct service was permitted.