AARTI IMPEX Vs. COMMISSIONER OF CUSTOMS, KANDLA

JUDGEMENT

(1.) THE appellants in this case imported consignment of heavy melting scrap for the import of which they were required to produce pre -shipment inspection certificate as required under the provision of Para 2.32 of the Foreign Trade Policy 2004 -09 showing that the consignment does not contain any type of arms, ammunition, cartridges, shells, mines, radio active contaminated or any other explosive material. In the absence of such certificate the consignment was seized and confiscated under provisions of Section 111(d) of the Customs Act, 1962 with an option to redeem the same on payment of fine of Rs. 1,75,000/ -. A penalty of Rs. 85,000/ - is also impugned.

(2.) I have heard Shri P.V. Sheth, learned advocate appearing for the appellant and Shri K.J. Sanchis, learned JDR and have gone through the impugned order. The appellants have contended that the Board vide its Circular No. 56/2004 -Cus., dated 18 -10 -2004 have prescribed a procedure for clearance of imported metal scrap at various ports of India including port of Kandla. The said circular divided the metal scrap into two categories. Category (i) covered scrap which had already landed in India and that which has left its port of origin on or before 25 -10 -2004 and which has not yet been cleared from a customs port, ICD/CFS or LCS whereas category (ii) covered future imports and laid down a detailed procedure. For category (i) the requirement of Foreign Trade Policy relating to pre -shipment inspection certificate and contract between the importer and exporter was relaxed and consignments of metal scrap was permitted clearance on 100% physical examination only.

(3.) THE appellants submitted that their consignment was loaded in the month of September 2004 itself and there are always delay in the issue of bill of lading which was issued on 28 -10 -2005 and hence the consignment is covered under category (i) specified by the Board Circular No. 56/2004 and the clearance should have been allowed after 100% physical examination only without insisting for the pre -shipment certificate. It was accordingly submitted that since on physical examination no contraband goods were found. There was no occasion for confiscation of goods and consequent imposition of fine and penalty.