Penalty for Copper Cable Export Denied: No Illicit Intent Found Under Customs Act Sections 42 and 114.

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....Confiscation of goods - insulated copper cables - failure to produce the shipping bill before the ‘proper officer’ - goods had indeed been loaded on board without ‘let export order (LEO)’ - The regularisation of the process for export is on record. Moreover, the vessel had been allowed to depart in accordance with section 42 of Customs Act, 1962 after issue of ‘port clearance’ by the ‘proper officer’ though it was well within the authority of such officer to offload the offending goods. Therefore, it cannot be said that the appellant was in any way connected with illicit shipment of export cargo. Consequently, the imposition of penalty under section 114 of Customs Act, 1962 is unjustified - AT....