Statutory out-turn report prevails over unverified private survey evidence in shortlanding penalty proceedings.

In shortlanding proceedings, a private survey report was rejected because it was unsupported by amended out-turn records, landing receipts, or any other reliable corroboration from the Port Trust or the consignee. The statutory Port Trust out-turn report was treated as the preferred official record, and there was no proof that it was incorrect or unreliable. The appellants' inconsistent stand further weakened their case, and the quasi-criminal character of the proceedings did not cure the evidentiary gap. On that basis, the penalty was sustained and the challenge failed.

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Issues: Whether the penalty for shortlanding was liable to be interfered with on the basis of the private survey report and the plea that the Port Trust out-turn report was incorrect.

Analysis: The appellants relied on a private survey report to dispute the quantity short-landed, but no amended out-turn report, landing receipt, or other reliable corroboration from the Port Trust or the consignee was produced. The Port Trust out-turn report was a statutory record, and in the absence of proof that it was or unreliable, the Tribunal preferred it over the uncorroborated survey report. The inconsistent stand taken by the appellants at different stages further weakened their claim. The contention based on the alleged quasi-criminal nature of the proceedings did not displace the evidentiary deficiency.

Conclusion: The penalty was rightly sustained and the appeal failed.

Ratio Decidendi: In the absence of reliable corroboration showing a statutory out-turn report to be incorrect, the official record prevails over an unverified private survey report in shortlanding proceedings.

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