2015 (1) TMI 1032

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....Docks Intelligence Unit intercepted the container bearing No.CRXU 197361-3. The said container covered under Shipping Bill No.2098170, dated 30.6.2005 was consigned to Hongkong from M/s.Maheswari Exports, Salem. The goods sought to be exported were declared as Potassium Feldspar Lamps . The consignment was kept ready for loading on the vessel M.V.CONTI JORK. The Customs House Agent was M/s.Patriot Freight Logistic Systems, Chennai. 2.2. During the search, it was found that instead of the declared cargo of Potassium Feldspar Lamps , wooden logs were found stacked inside the container. Statements were recorded from various persons. Later on, the Forest Officer certified the wooden logs as Red Sanders . The total weight of 403 pieces of Red....

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.... by observing that for failure to discharge functions as a Customs House Agent, penalties are provided in the Customs House Agents' Licensing Regulations. 2.6. Calling into question the order passed by the Tribunal, the department has filed this appeal. 3. We have heard the learned Standing Counsel appearing for the appellant and perused the order passed by the Tribunal and the Original Authority. 4. The main plea of the learned Standing Counsel appearing for the department is that the first respondent, while acting as Customs House Agent, has not verified the authenticity of the documents and by such act of negligence, has abetted and aided in the smuggling of the red sander wooden logs, which are prohibited for export, and, t....