PN 70/2024 IN FORCE Import policy & restrictions ·?

Suspension Order No. 04/2024-25 dated 17.04.2024 i.r.o. of the CB M/s. Global Clearance & Logistics

Reliability

In force — no superseding record on file.

Document text

==> picture [425 x 174] intentionally omitted <==

----- Start of picture text ----- i OFFICE OF THE PR. COMMISSIONER OF CUSTOMS aa (GENERAL), ooaNeclSe oo , CUSTOM BROKERBALLARDEmail-Id: ESTATE, SECTION,cbsec.nch@gov.in MUMBAI NEW CUSTOM- 400 001. HOUSE, F.No.GEN/CB/113/2024-CBS/NCH "Date: 04.2024 DIN 120240477 00000000 H 2¢8 | ORDER No. © /2024-25 UNDER REGULATION 16 OF THE CUSTOMS BROKER LICENSING REGULATION, 2018 ----- End of picture text -----

==> picture [1 x 17] intentionally omitted <==

----- Start of picture text ----- : ----- End of picture text -----

M/s Global Clearance & Logistics (AAWFG7760P) (CB No. 1 1/2730) having address at office No. 308, 3'4 Floor, Building No. 4, Sangrila CHS, Near Punjab National Bank, 90 Feet Road, Sakinaka, Andheri (East), Mumbai-400 072, (hereinafter referred as the Customs Broker/CB) is holder of Customs Broker License No. 11/2730 (PAN No.AAWFG7760P), issued by the Commissioner of Customs, Mumbai under Regulation 7(2)(b) of the CBLR, 2018, and as such they are bound by the regulations and conditions stipulated therein. 2. An Offence Report (SCN No. 447/2023-24 dated 22.02.2024) with respect to the role of the CB, M/s Global Clearance & Logistics (AAWFG7760P) (CB No; 11/2730) was received by CBS, NCH from SIIB, Import, Air Cargo Complex, Mumbai Zone-llI, wherein, inter-alia, following has been informed:

CB, M/s Global Clearance & Logistics (AAWFG7760P) (CB No; 11/2730) was received by CBS, NCH from SIIB, Import, Air Cargo Complex, Mumbai Zone-llI, wherein, inter-alia, following has been informed:

2.1 On the basis of a specific Intelligence received from DRI, MZU, a consignment of Propylene Glycol imported vide Bill of Entry No. 7558202 dated 28.08.2023 by M/s. Global Mind (IEC code 0314062882), having address Shop No. B-03, Ekdant CHS Ltd. Plot No. 66, 67 & 68, Sector 1 Sanpada, Navi Mumbai-400705, was kept on hold by SIIB Import, Air Cargo Complex, Mumbai Zone-H. The said Bill of Entry was filed through Custom Broker, M/s. Global Clearance and Logistics (CB No. AAWFG7760P). The said goods were examined by the officers of SIIB Import under Panchanama dated 01.09.2023. The said goods were imported from Hong Kong. The declared assessable value of the goods of the said Bill of entry was Rs.5,66,325/- and the declared duty payable thereon was Rs.1,57,069/-. 2.2 Examination of Goods and drawal of representative samples An input was received from DRI, MZU that the goods covered under Bill of Entry No. 7558202 dated 28.08.2023 imported by M/s. Global Mind (IEC 0314062882) filed by M/s. Global Clearance and Logistics (CB) to be insecticide/pesticide instead of Propylene Glycol as declared. Therefore, goods covered under Bill of Entry No. 7558202 dated 28.08.2023 were put on hold by SIIB, Import, ACC, Mumbai Zne-III vide hold letter dated 31.08.2023. The said consignment was examined 100% vide Panchanama dated 01.09.2023.

of Entry No. 7558202 dated 28.08.2023 were put on hold by SIIB, Import, ACC, Mumbai Zne-III vide hold letter dated 31.08.2023. The said consignment was examined 100% vide Panchanama dated 01.09.2023. The details of the goods found during examination is as below: Sr [DrumNo. | Goods Packing Total|[Marks] Remarks Found Numbers No. Found Type Quantity EFound | 1 1to5and8/ Goods in| 25 Kgs in a| 400 kes| PGL, Total 16 to 18 white single Propylene | drums of

Page 1 of 10

==> picture [490 x 250] intentionally omitted <==

Representative samples were drawn in triplicate from each drums. The said samples were forwarded to Central Insecticides Laboratory (CIL), Faridabad. Haryana vide letter F. No. CUS/SIIB/MISC/597/2023-SIIB(I) dated 21.09.2023 to ascertain the exact nature & composition of the goods imported vide Bill of Entry no. 7558202 dated 28.08.2023.

2.3 Warehousing of goods under Section 49 of Customs Act, 1962: -

The facility of warehousing of goods under provisions of Section 49 of Customs Act, 1962 was offered to importer M/s Global Mind. The same was availed by the importer and the goods imported vide Bill of Entry no. 7558202 dated 28.08.2023 were forwarded from Air Cargo Complex, Andheri, Mumbai to M/s Goodwill Logistics warehouse on 27.10.2023 under preventive escort.

2.4 Test report received from Central Insecticides laboratory (CIL):

2.4.1 Vide letter F. No. CUS/ SIIB/ MISC/597/ 2023-SIIB(I) dated 21.09.2023, total 18 samples were forwarded to central insecticides laboratory 10 ascertain the exact nature and composition of the goods imported vide Bill of Entry No. 7558202 dated 28.08.2023. Report of 02 out of 18 samples were received on 28.12.2023 forwarded by central insecticides laboratory vide letter F No. 04/Chem/CIL/2023-24/ Investigational Samples dated 28.12.2023. The outcome of the report established the presence of Matrine- 95.16% and 97.13% respectively. 2.4.2 Report of remaining 16 samples were received on 30.01 2024 from Central Insecticides Laboratory vide letter F. No. 04/Chem/CI1L/2023 24/ Investigational Samples dated 30.01.2024. The outcome of the report established the presence of Uniconazole- 95.48%, 95.79 %, 95.16%, 95.89%, 96%, 95.97 %, 95.94%, 96.01%, 95.82%, 95.59 %, 95.70%, 95.29 %, 95.50%, 95.14 %, 95.61% and 95.31% respectively.

2.4.3 It may be noted that Matrine is not registered for the use in the country under import, export or manufacturing categories. Therefore, its import, manufacturing, transport, sale, use and distribution etc. are not permitted without possessing a valid certificate of registration issued by Secretariat of Central Insecticides Board and Registration Committee (CIB & RC).

Page 2 of 10

2.5 Observations/Findings of Test. report received from Central Insecticides laboratory (CIL): -

Central insecticides laboratory vide test report mentioned in para 2.4.1 & 2.4.2 above confirmed the presence of "Matrine and Uniconazole", which is a high potency insecticide and it falls under Schedule of the Insecticides Act, 1968 and the Rules 86 Regulation made hereunder. Such insecticides, their source and their supplier are required to be registered with the Central Insecticides Board (CIB), in terms of section 9 of the Insecticides Act, 1968, prior to its importation into India. Therefore, mis-declaring the goods as "Propylene Glycol", the importer M/s Global Mind has violated policy restriction imposed under Section 9 of the Insecticides Act, 1968 and Section 17 of the said Act. Further, the import or manufacture of such insecticides is governed by Section 17 of the Insecticides Act, 1968, are also prohibited goods for the purpose of Section 17 of the Insecticides Act, 1968 and Section 2(33) of the Customs Act, 1962 and the goods appeared to be liable for confiscation under Section 111(d), 111(m) and 111(0) of the Customs Act, 1962, read with Section 9 and 17 of the Insecticides Act, 1968.

2.6 Seizure of the goods: -

Since the consignment imported vide Bill of entry no. 7558202 dated 28.08.2023 was found to be mis-declared in terms of description therefore the said consignment of said bill of entry is liable for confiscation under Section 111(d), 111 (m) and 111 (0) of the Customs Act, 1962 and accordingly, said goods were seized under Seizure Memo dated 09.01.2024 (RUD-5).

2.7 Classification of Goods: -

The goods imported vide impugned Bill of entry no. 7558202 dated 28.08.2023 was classified under CTH 29153999 as Propylene Glycol. However, it has been ascertained from the report of Central Insecticides Laboratory that the goods imported vide impugned Bill of Entry was insecticide i.e. Matrine & Uniconazole, which are rightly classifiable under CTH 38089990.

2.8 Valuation of the goods: -

The Importer has mis-declared the description of the goods as "Propylene Glycol" in place of insecticide i.e. "Matrine and Uniconazole". Therefore, the declared value appeared to be liable for rejection, in terms of Rule 12 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 2007 (CVR, 2007), read with Section 14(1) of the Customs Act, 1962 and the value was re-determined in accordance with the CVR, 2007.

2.9 During the course of further investigation, in order to gather evidences, the statement of Rupesh Mahesh Patade, Owner of M/s Global Mind, was recorded on 04.09.2023, wherein he inter alia, submitted as under:

e On being asked to introduce himself, Shri Rupesh Mahesh Patade interalia stated that he is owner of M/s Global Mind and resided at B-1101, IRAISAA Society, Sanpada, Opp. Jio Petrol Pump, Navi Mumbai-400705, his mobile no. is 9867776275 and email ID is acccounts.globalmind@gmail.com.
e On being asked about the firm M/s Global Mind and its business, he inter alia stated that his company, M/s. Global Mind was registered in December 2014 and dealing with the hardware goods as Cutting Whecls,

Page 3 of 10

Power Tools and Buffing wheel etc. He further stated that his firm also - import hardware goods from other ports. ~

e On being asked about the reason for import of Chemical product whereas M/s Global Mind dealt with hardware goods, he stated that his firm is in trading business hence imported chemical from China.

On being asked about the reason for import of Chemical product whereas M/s Global Mind dealt with hardware goods, he stated that his firm is in trading business hence imported chemical from China.

e On being asked to provide the purchase order, payment particulars & supplier details of the consignment imported vide Bill of Entry no. 7558202 dated 28.08.2023, he stated that this order was given by him on his personal visit to China and placed a verbal order to supplier M/s Nanjing Bestgreen Chemical Co. Limited, China. He further stated that he did not give any purchase order to the supplier.
e On being asked to reason for different packaging found during examination, whereas the product is only one i.e. Propylene Glycol, he inter-alia stated that the Shipment imported is not Propylene Glycol. He further stated that the shipment imported vide Bill of Entry No. 7558202 dated 28.08.2023 is 50 Kgs of Matrine insecticide (Drum No. 6 &7) and 400 Kgs Uniconazole insecticide (Drum No. 1 to 5 & 8 to 18) and the same are used in agricultural product.

of Entry No. 7558202 dated 28.08.2023 is 50 Kgs of Matrine insecticide (Drum No. 6 &7) and 400 Kgs Uniconazole insecticide (Drum No. 1 to 5 & 8 to 18) and the same are used in agricultural product.

e On being asked about the reason for mis-declaration of goods as Propylene Glycol, he inter-alia stated that he did not have CIB NOC or certificate for such products so the same was mis-declared as Propylene Glycol and misclassified in terms of CTH. He further stated that the consignment was imported for further sale to M/s C. M. Biotech a Gujrat based company addressed at 3rd floor, 84 Samruddhi Bhavan, Gondal Road, Opp. Bombay Petrol Pump, Rajkot, Gujarat-360001 owned by Shri Mahendra Patel. Moreover, he stated that Mr. Praveen MadhavjiBhanushali, associate of CB Firm i.e. M/s Global Clearance & Logistics advised him to import insecticides in such manner.
e On being asked about the mode of communication with the overseas supplier he inter-alia stated that he regularly visits China for the purpose of his business of hardware and at that time he met with the overseas supplier regarding consignment of insecticides his last visit to China was in August 2023. He further stated that he did not get any actual/concerned invoice of insecticides from overseas supplier, he got the overseas invoices for the item Propylene Glycol instead of insecticides and the payment was done through bank transaction which was equal to invoice value and fright.

overseas supplier, he got the overseas invoices for the item Propylene Glycol instead of insecticides and the payment was done through bank transaction which was equal to invoice value and fright.

e On being asked, about two past bills of entry i.e. 3967594 dated 30.12.2022 & 5765896 dated 02.05.2023 filed for clearance of Propylene Glycol, he inter alia stated that he had imported Propylene Glycol in the past Bills of Entry he also submitted local sale invoices for the same.
e On being asked about anyone else whom he contacted regarding importation of insecticides in the subject Bills of Entry he stated that there was no any other person with whom he had dealings regarding importation of insecticides except Mr. Pravin Madhavji Bhanushali and M/s C. M. Biotech.
2.10 Vide letter F. No. CUS/SIB/MISC/597/2023-SHB (I) dated 21.09.2023, total 18 samples were forwarded to Central Insecticides laboratory to ascertain the exact nature and composition of the goods imported vide Bill of Entry No. 7558202 dated 28.08.2023. Report of 02 out of 18 samples were received on 28.12.2023 forwarded by central insecticides laboratory vide letter F. No. 04/Chem/CIL/2023-24 /Investigational Samples

Page 4 of 10

ed 28.08.2023. Report of 02 out of 18 samples were received on 28.12.2023 forwarded by central insecticides laboratory vide letter F. No. 04/Chem/CIL/2023-24 /Investigational Samples

Page 4 of 10

dated 28.12.2023. Thereafter, report of remaining 16 samples were received on 30.01.2024 from Central Insecticides Laboratory vide letter F. No. 04/Chem/CIL/2023-24/Investigational Samples dated 30.01.2024. Thereafter, Mr. Rupesh Patade, Proprietor of M/s Global Mind was summoned on 02.02.2024 and his statement was recorded on 02.02.2024 for verification/acceptance of reports received from Central Insecticides Laboratory wherein he inter alia, submitted as under:

e On being asked about the authorization given to CB M/s Global Clearance & Logistics for filling the said Bill of entry No. 7558202 dated 28.08.2023 he stated that CB was authorised by him and Mr. Pravin Madhavji Bhanushali was the person who was in contact with him on behalf of Customs Broker firm.
e On being asked about the address of Mr. Pravin Madhavji Bhanushali and Broker Firm M/s Global Clearance & Logistics, he inter-alia stated that he didn’t know the address of Mr. Pravin Madhavji Bhanushali and Customs Broker Firm M/s Global Clearance & Logistics.
e On being asked about the consignment cleared prior to Bill of Entry No. 7558202 dated 28.08.2023, he inter-alia stated that in past, only two consignments were cleared through Air Cargo Complex, Mumbai vide Bills of no. 3967594 dated 31.12.2022 & 5765896 dated 02.05.2023 for clearance of Propylene Glycol.

ia stated that in past, only two consignments were cleared through Air Cargo Complex, Mumbai vide Bills of no. 3967594 dated 31.12.2022 & 5765896 dated 02.05.2023 for clearance of Propylene Glycol.

e On being asked to provide subsequent local sales invoice of Propylene Glycol cleared through Bills on entry no. 3967594 dated 31.12.2022 & 9765896 02.05.2023, he inter-alia stated that goods i.e. Propylene Glycol cleared through previous Bills of Entry was subsequently supplied to M/s C. M. Biotech, which is a Gujarat based company. He also submitted local sales invoices for the same.
e On being showing him, the test report dated 28.12.2023 for Sample No. 6 and 7 received from Central Insecticides Laboratory stating that the goods is "Matrine" which is not registered for use in the country under import, export or manufacturing categories and its import requires a valid certificate of registration issued by the Secretariat of Central Insecticide Board and Registration Committee and being asked about his acceptance with the report received from above laboratory, he interalia stated that he accept the report received from Central Insecticides Laboratory.

istration Committee and being asked about his acceptance with the report received from above laboratory, he interalia stated that he accept the report received from Central Insecticides Laboratory.

e On being showing him the test report dated 30.01.2024 for sample No. 1,2,3,4,5,8,9,10,11,12,13,14,15,16,17 and 18 received from Central Insecticides Laboratory stating that the goods is "Uniconazole" which is not registered for use in the country under import, export or manufacturing categories and its import requires a valid certificate of registration issued by the Secretariat of Central Insecticide Board and Registration Committee and being asked about his acceptance with the report received from above laboratory, he inter-alia stated that he accepts the report received from Central Insecticides Laboratory.
e On being asked about the possession of certificate of registration issued by the Secretariat of Central Insecticide Board and Registration Committee for the purpose of importation of the items mis-declared and imported in the impugned BOE No. 7558208 dated 28.08.2023 he stated that he didn't possess any such certificate.
e On being asked whether he was aware that the imported consignment was insecticide i.e. Matrine & Uniconazole, he stated that he was aware

Page 5 of 10

about the consignment. He further stated that since CIB certificate, - which was required for importation of insecticide was not available with ~ him so he mis-declared it in terms of CTH of propylene glycol as suggested by Custom Broker.

that since CIB certificate, - which was required for importation of insecticide was not available with ~ him so he mis-declared it in terms of CTH of propylene glycol as suggested by Custom Broker.

e On being asked whether he was emphasized by anyone to import insecticide and declared the same as Propylene Glycol he inter-alia stated that he was not emphasized by anyone for import of insecticide.
e On being asked whether his CB M/s Global Clearance & Logistics advise him to import insecticide and mis-declared the same as Propylene Glycol he inter alia stated that Mr. Praveen MadhavjiBanushali, an associate of CB firm i.e. M/s Global clearance and Logistics, advised him to mis-declare the said goods as propylene glycol in place of insecticide i.e. Matrine and Uniconazole.
e On being asked whether he was aware that license from CIB was required for import of insecticide he inter-alia stated that Yes, he was aware about the requirement of licence from CIB for importation of insecticide.
e On being asked whether he would like to say anything else to say he requested to allow the goods to be re-exported to its original supplier and exempt his mistakes. He also uttered that he would cooperate by all means as and when department needs him.

2.11 Summons to Customs Broker:

The Customs Broker M/s Global Clearance & Logistics having address at office No. 308, 3rd floor, Building No. 4, Sangrila CHS, Near Panjab National Bank, 90 feet Road, Sakinaka, Andheri(E), Mumbai-400072 was Summoned under Section 108 of the Customs Act, 1962 on 10.01.2024, 19.01.2024 and 05.02.2024 having No. 202401790A000081388C, 202401790A000016631B and 202401790A000000C79F respectively. However, the Customs Broker M/s Global Clearance & Logistics didn't turn up to record their statement. Moreover, Mr. Pravin Madhavji Bhanushali, associate of Customs Broker M/s Global Clearance & Logistics was also summoned on 06.02.2024 and 20.01.2024 having DIN No. 202401790A000000C79F and 202401790A000000A84F respectively. However, Mr. Pravin Madhavji Bhanushali also didn't appear for recording his statement.

2.12 The importer, M/s Global Mind has mis-declared the description of the goods as Propylene Glycol in place of insecticide i.e. Matrine and Uniconazole, vide impugned Bill of Entry and also violated policy restriction imposed under Section 9 of the Insecticides Act, 1968 and Section 17 of the said Act.

e of insecticide i.e. Matrine and Uniconazole, vide impugned Bill of Entry and also violated policy restriction imposed under Section 9 of the Insecticides Act, 1968 and Section 17 of the said Act.

2.13 It appears that the Customs broker, M/s. Global Clearance & Logistics and Mr. Pravin Madhavji Bhanushali, associate of Customs Broker M/s Global Clearance & Logistics aided and abetted the importer for mis declaration of goods in description as Propylene Glycol in place of insecticide i.e. Matrine & Uniconazole in impugned Bill of Entry no. 7558202 dated 28.08.2023. Further, they have also violated the provisions of Insecticide Act, 1968. 3. Based on the facts on record and applicable laws, Rules, and Regulations, prima facie, it appears that the Customs Broker have violated provisions of Regulation 10 of Customs Broker Licensing Regulations, 2018, which have been elaborated and discussed as under:

(i) Regulation 10 (b)transact business in the Customs Station either personally or through an authorized employee duly approved by the Deputy

Page 6 of 10

Commissioner of Customs or Assistant Commissioner of Customs, as the case may be;

he Customs Station either personally or through an authorized employee duly approved by the Deputy

Page 6 of 10

Commissioner of Customs or Assistant Commissioner of Customs, as the case may be;

From the Offence Report, it is noticed that the Importer, Shri Rupesh Mahesh Patade in his statements dated 04.09.2023 and 02.02.2024 stated that one Shri Praveen MadhavjiBhanushali, associate of CB Firm i.e. M/s Global Clearance & Logistics advised him to import insecticides in such manner; Mr. Pravin Madhavji Bhanushali was the person who was in contact with him on behalf of Customs Broker firm and there was no any other person with whom he had dealings regarding importation of insecticides except Mr. Pravin Madhavji Bhanushali and M/s C. M. Biotech.

In view of the above, it appears that Shri Pravin Madhavji Bhanushali, who is neither Customs Pass Holder nor an Authorized employee of the CB firm, M/s. Global Clearance & Logistics (CB No. 11/2730, PAN No. AAWFG7760P), not only represented himself to the Importer as an Associate of CB firm but also colluded with him in aiding and abetting the illegal importation of insecticide i.e. Matrine and Uniconazole. Moreover, the Importer was in contact with Mr. Pravin Madhavji Bhanushali only on behalf of the Customs Broker firm. Therefore, the Customs Broker, M/s. Global Clearance & Logistics (CB No. 11/2730, PAN No. AAWFG7760P), appears to have violated the Regulations 10 (b) of CBLR, 2018.

alf of the Customs Broker firm. Therefore, the Customs Broker, M/s. Global Clearance & Logistics (CB No. 11/2730, PAN No. AAWFG7760P), appears to have violated the Regulations 10 (b) of CBLR, 2018.

(ii) | Regulation 10 (d)- advise his client to comply with the provisions of the Act, other allied Acts and the rules and regulations thereof, and in case of noncompliance, shall bring the matter to the notice of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be;

From the Offence Report, it is noticed that the importer, M/s Global Mind has mis-declared the description of the goods as Propylene Glycol in place of insecticide i.e. Matrine and Uniconazole, vide impugned Bill of Entry and also violated policy restriction imposed under Section 9 of the Insecticides Act, 1968 and Section 17 of the said Act. Moreover, the Importer, Shri Rupesh Mahesh Patade in his statements dated 02.02.2024 accepted that he was aware that there was requirement of license for importation of insecticide.

f the said Act. Moreover, the Importer, Shri Rupesh Mahesh Patade in his statements dated 02.02.2024 accepted that he was aware that there was requirement of license for importation of insecticide.

The Customs Broker, firm which was being represented to the Importer by an unauthorized person, one Shri Pravin Madhavji Bhanushali, in place of advising his client to comply with the provisions of the Customs Act, 1962 and Insecticides Act, 1968, indulged itself into actively conniving and colluding by mis-declaring the description of the goods. Therefore, the Customs Broker, M/s. Global Clearance & Logistics (CB No. 11/2730, PAN No. AAWFG7760P), failed to advise his client to comply with the provisions of the Act, other allied Acts and the rules and regulations thereof, and did not bring the matter to the notice of the Deputy Commissioner of Customs or Assistant Commissioner of Customs and therefore, appears to have violated the Regulations 10 (d) of CBLR, 2018.

, and did not bring the matter to the notice of the Deputy Commissioner of Customs or Assistant Commissioner of Customs and therefore, appears to have violated the Regulations 10 (d) of CBLR, 2018.

(iii) Regulation 10 (e)- exercise due diligence to ascertain the correctness of any information which he imparts to a client with reference to any work related to clearance of cargo or baggage; From the Offence Report, it is noticed that the importer, Shri Rupesh Mahesh Patade in his statements dated 02.02.2024 stated that he was aware that the imported consignment was insecticide i.e. Matrine & Uniconazole, since CIB certificate, which was required for importation of insecticide was not available with him so he mis-declared it in terms of CTH of propylene glycol as suggested by the unauthorized and only representative of the Customs Broker, as far as the transaction with the Importer is concerned. Thus, it appears that

Page 7 of 10

the Customs Broker, instead of exercising due diligence in imparting the - correctness of the information that the imported consignment, which was insecticide i.e. Matrine & Uniconazole, must not be imported without a valid certificate of registration issued by the Secretariat of Central Insecticide Board and Registration Committee, went one step further and advised the Importer with some modus to declare it in terms of CTH of propylene glycol for hoodwinking the department.

entral Insecticide Board and Registration Committee, went one step further and advised the Importer with some modus to declare it in terms of CTH of propylene glycol for hoodwinking the department.

Therefore, the Customs Broker, M/s. Global Clearance & Logistics (CB No. 11/2730, PAN No. AAWFG7760P), failed to exercise due diligence to ascertain the correctness of any information which he should have imparted with reference to clearance of subject shipment.

(iv) Regulation 10 (m)- discharge his duties as a Customs Broker with utmost speed and efficiency and without any delay;

From the Offence Report, it is noticed that the Customs Broker M/s Global Clearance & Logistics was Summoned under Section 108 of the Customs Act, 1962 on three different occasions. However, the Customs Broker M/s Global Clearance & Logistics didn't turn up to record their statement. Moreover, Mr. Pravin Madhavji Bhanushali, the one representing the Customs Broker M/s Global Clearance & Logistics before the Importer was also summoned on two occasions. However, Mr. Pravin Madhavji Bhanushali also didn't appear for recording his statement. Such an act of Customs Broker of not responding despite repeated summons hindered the natural pace and progression of the investigation.

Therefore, the Customs Broker, M/s. Global Clearance & Logistics (CB No. 11/2730, PAN No. AAWFG7760P), appears to have failed to discharge his duties as a Customs Broker with utmost speed and efficiency and without any delay.

r, M/s. Global Clearance & Logistics (CB No. 11/2730, PAN No. AAWFG7760P), appears to have failed to discharge his duties as a Customs Broker with utmost speed and efficiency and without any delay.

(v) Regulation 10 (q)- co-operate with the Customs authorities and shall join investigations promptly in the event of an inquiry against them or their employees. From the Offence Report, it is noticed that the Customs Broker M/s Global Clearance & Logistics did not appear for recording of statement despite repeated summons. The Importer in his statement credited one Pravin Madhavji Bhanushali of advising him with some modus to declare the Restricted Pesticides in terms of CTH of propylene glycol for hoodwinking the department. The said person as per the submission of the Importer, was the sole representative of the Customs Broker as far as the transaction with him was concerned. In such a scenario, wherein the very credibility of the CB is being questioned and is credited as a mastermind, the zero response and complete absence from the investigations reflects the non-adherence of the responsibilities, with which they are entrusted with under Regulation 10 (q) of the CBLR, 2018.

Therefore, the Customs Broker, M/s. Global Clearance & Logistics (CB No. 11/2730, PAN No. AAWFG7760P), appears to have failed to co-operate with the Customs authorities and did not join investigation proceedings.

)

oms Broker, M/s. Global Clearance & Logistics (CB No. 11/2730, PAN No. AAWFG7760P), appears to have failed to co-operate with the Customs authorities and did not join investigation proceedings.

)

I have gone through the facts of the case. I observe that the Customs Broker M/s Global Clearance & Logistics (AAWFG7760P) (CB No. 11/2730) has failed to discharge his obligations as required under Regulation 10(b), 10(d), 10(e), 10(m) and 10(q) of CBLR, 2018. The outcome of the investigation clearly brought out the role of the CB in illegal import and the non-cooperation of the CB hindered the investigation and therefore, it is apprehended that the Customs Broker may adopt similar modus opernadi in future consignments and department cannot

Page 8 of 10

remain oblivious to the danger posed by the such an eventuality. Hence, I observe that this case is fit case where immediate action is needed for invoking Regulation 16 of the CBLR, 2018.

11. Accordingly, I pass the following order: -

ORDER

I. I, Principal Commissioner of Customs (General), in exercise of powers conferred upon me under the provisions of Regulation 16(1) of CBLR, 2018 hereby suspend the license of M/s Global Clearance & Logistics (AAWFG7760P) (CB No. 11/2730) with immediate effect, being fully satisfied that the Customs Broker had prima facie not fulfilled their obligations as laid down under Regulation 10(b), 10(d), 10(e), 10(m) and 10(q) of CBLR, 2018.
II. However, I offer the Customs Broker, M/s Global Clearance & Logistics rs(A Al eee2a re(2?No. AM/PM11/2730)throughan opportunityin person/videof Pers o nalconfereHeari n gcing on facility. Any written representation against this order should reach before the date of hearing. :
II. M/s. Global Clearance & Logistics (AAWFG7760P) (CB No. 11/2730) is directed to surrender all the original customs passes issued to their employee/partner/director/proprietor immediately.
IV. This order is being issued without prejudice to any other action that may be taken or purported to be taken against the CB or any other person(s)/firm(s) etc. under the provisions of the Customs Act, 1962 and Rules/ Regulations framed there under or under any other law for the time being in force. wheva
Principal Commissioner of Customs (G) NCH, Mumbai - I
II. M/s. Global Clearance & Logistics (AAWFG7760P) (CB No. 11/2730) is directed to surrender all the original customs passes issued to their employee/partner/director/proprietor immediately.

To,

II. M/s. Global Clearance & Logistics (AAWFG7760P) (CB No. 11/2730) is directed to surrender all the original customs passes issued to their employee/partner/director/proprietor immediately.

To,

M/s Global Clearance & Logistics (AAWFG7760P) (CB No. 11/2730), Office No. 308, 34 Floor, Building No. 4, Sangrila CHS, Near Punjab National Bank, 90 Feet Road, Sakinaka,
Andheri (East), Mumbai-400 072

Copy to:

The Pr./Chief Commissioner of Customs, Mumbai I, II, III Zone

Page 9 of 10

he CIU’s of NCH, ACC & JNCH
a The Commissioner of Customs, Mumbai I, IJ, III Zone 4. EDI of NCH, ACC & JNCH

Bombay Custom House Agent Association
Office copy
Notice Board

Page 10 of 10

Verbatim extracted text (OCR/PDF). Older scans and tables may show extraction artifacts — verify against the original for anything you act on.

Analysis

No analysis generated for this document yet (analysis runs over brief docs + on-demand). Run build_analysis.py --ids 3383 --apply.