1988 (4) TMI 51 - HC - Customs

Court discharges Rules, allows Customs action, directs document consideration, and no costs ordered.

The court discharged the Rules issued in all five cases and vacated any interim orders. The respondents, including the Customs authorities, were allowed ... Customs - Shortlanding Issues Involved: Shortlanding of cargo, applicability of Section 116 of the Customs Act, 1962, reliability of Survey and Outturn Reports, petitioner's liability as a shipping agent, and the role of Port and Customs authorities.Issue-wise Detailed Analysis:1. Shortlanding of Cargo:The primary issue revolves around the shortlanding of 110 bags of Ammonium Sulphate from the vessel M.V. Golden Wistaria, as reported by the Calcutta Port Trust. The manifested cargo included 1,12,427 bags of Ammonium Sulphate, but only 1,12,317 bags were delivered, indicating a shortfall of 110 bags. The Survey report (Annexure 'F') suggested that the contents of these 110 bags were filled into 115 local gunny bags and declared as Sweepings. However, this explanation was not accepted by the court due to inconsistencies in the Survey report and the lack of evidence that the 110 bags previously contained Ammonium Sulphate.2. Applicability of Section 116 of the Customs Act, 1962:The Customs authorities invoked Section 116 of the Customs Act, 1962, against the petitioners for the alleged shortlanding. The petitioners contended that this invocation was unwarranted and not in accordance with the requirements of the provision. However, the court concluded that the Customs authorities were bound by the Outturn Report issued by the Port Trust, which indicated the shortlanding. Therefore, the petitioners, as the shipping agent of the consignor, could not escape liability under Section 116.3. Reliability of Survey and Outturn Reports:The court scrutinized the Survey report (Annexure 'F') and found it unreliable due to the unexplained addition of 1125 empty spare bags to the manifested quantity, leading to the conclusion of shortlanding. The Outturn Report by the Calcutta Port Trust was considered a significant piece of evidence, although not conclusive on its own. The court emphasized that the petitioners did not take timely steps to establish that the 115 local gunny bags contained Ammonium Sulphate Sweepings and failed to provide chemical analysis or other concrete evidence.4. Petitioner's Liability as a Shipping Agent:The court held that the petitioner No. 1, as the Steamer Agent, was liable for the shortlanding of the cargo. Despite the petitioners' efforts to obtain an amended Outturn Report and their reliance on the Survey report, they did not provide sufficient evidence to refute the shortlanding claim. Consequently, the petitioners were subject to penalties under Section 116 of the Customs Act, 1962.5. Role of Port and Customs Authorities:The Port Trust authorities did not file an affidavit-in-opposition but contested the petitioners' claims through their counsel. The Customs authorities, bound by the Outturn Report, proceeded against the petitioners. The court noted that the petitioners failed to connect the unmanifested cargo with the shortlanded goods and did not take appropriate steps at the material time. The court also acknowledged the difficulty in remanding the cases for further evidence after a lapse of many years.Conclusion:The court discharged the Rules issued in all five cases and vacated any interim orders. The respondents, including the Customs authorities, were allowed to proceed against the petitioners in accordance with the law. The Customs authorities were advised to consider any relevant documents produced by the petitioners during adjudication proceedings. The Port authorities were also directed to assist by providing any relevant documents in their possession. No order for costs was made. The judgment governed all five Civil Rules analogously.