COURIERS ASSOCIATION OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above Writ Petition filed under Article 226 of the Constitution of India seeks the following reliefs : -

(2.) THE Petitioner is an Association claiming to have 37 registered members engaged in the import and export of documents, samples and consignments through Chhatrapati Shivaji International Airport and who are Authorized Couriers under the provisions of Courier Import and Export (Clearance) Regulations, 1998 (hereinafter referred to as the Courier Regulations, 1998). It is required to be noted that there is a difference in the Regulations between engaging in transportation of imported or export goods and their clearance. For registration as transporter of imported and export goods the person has to approach the Commissioner of Customs. However, for clearance of imported or export goods, the Authorized Courier is required to fulfill a condition mentioned hereinafter. By the Courier Imports and Exports (Clearance) Amendment Regulations, 2010 vide Customs Notification No.75/2010 dated 12 August 2010, the Courier Regulations, 1998 were amended to incorporate the requirement of a person who has passed the examination referred to in Regulation 8/19 of the Customs House Agents Licensing Regulations, 2004 (hereinafter referred to as CHALR, 2004 ) for filing declarations for clearance of imported or export goods. A transition period of six months was provided for the implementation of the amended provisions of the Courier Regulations, 1998. It may be stated here that the CHALR, 2004 has now been superseded by Customs Brokers Licensing Regulations, 2013 (hereinafter referred to as CBLR, 2013 ) containing similar provisions which inter alia include Regulations 6 and 17 which correspond to Regulations 8 and 19 respectively of CHALR, 2004.

(3.) BY Circular No.21/2011 dated 18 April 2011, the transition period referred to above was extended upto 31 December 2011 and it was provided that all the Courier company employees could appear for the examination held under the Regulation 19 of CHALR, 2004 as a one time measure. The transition period was further extended to 30 June 2012 by Circular No.05/2012 dated 23 February 2012 and the Courier company employees were permitted to appear for the examination which was to be held on 25 March 2012. By Office Note dated 28 July 2014, issued by the Deputy Commissioner of Customs, Courier Cell (Respondent No.4 herein), which is also the subject matter of challenge in the present Petition, it was directed that the Courier companies were required to engage employees having F card or G card (issued by CHA section for persons who have cleared examination under Regulation 8/19 of CHALR, 2004), failing which no clearance would be permitted to be effected after 15 August 2014.