Customs recalling exported containers
Ref. No. 100407 dated 14.06.10
Submitted to your Honour the Revenue Secretary through GRM
Regarding recalling of export containers by DRI - Suitable enabling provisions need to be inserted in the Customs Act, 1962.
On more than one occasion, exported consignments in containers had to be recalled after they had reached foreign shores. The container liners oblige to the request of the Customs officials for recalling the goods, even though there is no legal obligation for them to do so. In such a case, neither the consignor nor the consignee is involved in the reimport, unlike the re-import during normal course. The contraband goods found in the recalled containers are not liable for confiscation under Section 113 of the Customs Act, 1962 since the export has already taken place and the goods become imported goods. But no infringement could be adduced as imported goods because they were recalled on the request of the Customs. There are no specific provisions in the Customs Act, 1962 to deal with such situations enabling the master of the vessel to retain the cargo / container on board as same bottom cargo, carry it back to India by including it in the vessel manifest, land the same following all the present provisions of law.
Law enforcement officials are not vested with power to do anything beyond what the law dictates. It leaves scope for the offenders to escape unscathed, if law enforcement officials were to act beyond the scope of law. Hence, in order to lawfully recall the containers and conduct inspection etc., suitable provisions need to be inserted under Section 113, 114 and elsewhere as may be required.
Submitted for causing necessary and urgent action to be please.
|Name||:||Right Information International Forum|
|Received by||:||Department of Revenue (Revenue Hqrs)|
|Action Taken||:||Closed (No Action Required)|
|Reason||:||It does not pertain to Revenue Headquarter, Deptt. of Revenue|
|Date of Action||:||22/06/2010|
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