2005 (3) TMI 544

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.... Zones of Mumbai Customs Commissionerate pending inquiry under Regulation 22 of the Regulations. This order is dated 9-2-2005. 2. It appears that on 17-11-2004 a flight landed at 5 p.m. at Sahar and certain animals including 4 sea lions, 13 dogs and 7 cats as well as other circus equipments were unloaded at about 7 p.m. kept on tarmac, near the aeroplane. Since the importer and the CHA could not arrange the presence of Animal Quarantine Officer for inspection of the animals and issuance of necessary certificate as per examination ordered dated 17-11-2004 given on the manual Bill of Entry by Group Appraiser and the NOC from the Animal Quarantine Officer could be produced only around 4 a.m. on 18-11-2004, a charge has been arrived at ....

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....thin 48 hours of clearing the consignment, about non-compliance with Customs formalities such as DGFT licences for sea lions, cats and dogs, and there was violation of Regulation 13(n) of CHALR, 2004 to call for the Prohibition order under Regulation 21 of CHALR, 2004 by order dated 9-2-2005. 3. After hearing both sides, and considering the issues involved, it is apparent that the Prohibition order has been issued in February, 2005 for an act alleged to have been committed on 17-11-2004. There is no material on record to bring out what was the immediate cause for action to initiate the Prohibition order under Regulation 21 to stop the CHA from acting on other consignments by him and his employees in the entire Customs Zone in and ar....