Case Note & Summary
The Couriers Association of India filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an Office Note dated 28.07.2014 issued by the Commissioner of Customs (Courier Cell). The Office Note required that authorized signatories of courier companies must hold a valid 'F' card, 'G' card or Kardex number and must have passed the examinations referred to in the Customs House Agents Licensing Regulations, 2004 (CHALR 2004). The petitioner sought a writ of mandamus directing the withdrawal of the Office Note and restraining the respondents from stopping clearance of import/export consignments on that pretext. Additionally, the petitioner sought a direction to the Central Board of Excise and Customs (CBEC) to amend the Courier Regulations to make them self-contained and free from the provisions of CHALR 2004 or the Customs Brokers Licensing Regulations, 2013 (CBLR 2013). The respondents, including the Union of India and various customs authorities, opposed the petition. The court considered whether the Courier Regulations exempt courier companies from the licensing requirements under CHALR 2004/CBLR 2013. The court analyzed the relevant regulations and held that the Courier Regulations do not override the CHALR/CBLR; they are supplementary and must be read harmoniously. The requirement for authorized signatories to hold proper identification and pass examinations is a valid regulatory measure to ensure compliance with customs laws. The court found no merit in the petitioner's arguments and dismissed the writ petition, upholding the validity of the Office Note and rejecting the prayer for amendments to the Courier Regulations.
Headnote
A) Customs Law - Courier Regulations - Authorized Signatory - Requirement of 'F' Card, 'G' Card or Kardex Number - The petitioner, an association of courier companies, challenged an Office Note dated 28.07.2014 requiring authorized signatories of courier companies to hold a valid 'F' card, 'G' card or Kardex number and to have passed the examinations under CHALR 2004. The court held that the Courier Regulations do not exempt courier companies from the licensing requirements under CHALR 2004/CBLR 2013, and the Office Note is valid. The petition was dismissed. (Paras 1-21)
B) Customs Law - Customs Brokers Licensing Regulations, 2013 (CBLR 2013) - Applicability to Courier Companies - The petitioner sought amendments to the Courier Regulations to make them self-contained and free from CHALR 2004 or CBLR 2013. The court held that the Courier Regulations are not a complete code and must be read harmoniously with CHALR 2004/CBLR 2013. The prayer for amendment was rejected. (Paras 1-21)
Issue of Consideration
Whether the Office Note dated 28.07.2014 requiring authorized signatories of courier companies to hold 'F' card, 'G' card or Kardex number and pass examinations under CHALR 2004 is valid and whether the Courier Regulations are self-contained and free from the provisions of CHALR 2004 or CBLR 2013.
Final Decision
The writ petition is dismissed. The Office Note dated 28.07.2014 is upheld. The prayer for amendments to the Courier Regulations is rejected.
Law Points
- Courier companies are not exempt from the requirement that their authorized signatories hold a valid 'F' card
- 'G' card or Kardex number and pass the examinations under the Customs House Agents Licensing Regulations
- 2004 (CHALR 2004) or Customs Brokers Licensing Regulations
- 2013 (CBLR 2013)
- the Courier Regulations do not override the CHALR/CBLR
- the Office Note dated 28.07.2014 is valid and does not require withdrawal
- the petition is dismissed.
Case Details
2014 LawText (BOM) (12) 44
WRIT PETITION NO.8228 OF 2014
S.C. Dharmadhikari, A.A. Sayed
Mr. Ranjeet Singh for the Petitioner, Mr. Pradeep S. Jetly for the Respondents
The Couriers Association of India
Union of India, Commissioner of Customs, Chief Commissioner of Customs, Deputy Commissioner of Customs, Assistant Commissioner of Customs, Central Board of Excise and Customs, Director General of Inspection Customs & Central Excise
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an Office Note dated 28.07.2014 requiring authorized signatories of courier companies to hold 'F' card, 'G' card or Kardex number and pass examinations under CHALR 2004.
Remedy Sought
The petitioner sought a writ of mandamus directing the withdrawal of the Office Note and restraining the respondents from stopping clearance of import/export consignments on the pretext of the authorized signatory not holding the required cards or passing examinations. Also sought direction to amend Courier Regulations to make them self-contained and free from CHALR 2004 or CBLR 2013.
Filing Reason
The petitioner, an association of courier companies, alleged that the Office Note was arbitrary and that the Courier Regulations are self-contained and do not require compliance with CHALR 2004 or CBLR 2013.
Issues
Whether the Office Note dated 28.07.2014 requiring authorized signatories of courier companies to hold 'F' card, 'G' card or Kardex number and pass examinations under CHALR 2004 is valid.
Whether the Courier Regulations are self-contained and free from the provisions of CHALR 2004 or CBLR 2013.
Submissions/Arguments
The petitioner argued that the Courier Regulations are a complete code and do not require compliance with CHALR 2004 or CBLR 2013; the Office Note is arbitrary and beyond the scope of the Courier Regulations.
The respondents argued that the Courier Regulations do not override CHALR 2004/CBLR 2013; the requirement for authorized signatories to hold proper identification and pass examinations is a valid regulatory measure to ensure compliance with customs laws.
Ratio Decidendi
The Courier Regulations are not a complete code and must be read harmoniously with CHALR 2004/CBLR 2013. The requirement for authorized signatories to hold 'F' card, 'G' card or Kardex number and pass examinations under CHALR 2004 is a valid regulatory measure to ensure compliance with customs laws. The Office Note is valid and does not require withdrawal.
Judgment Excerpts
The above Writ Petition filed under Article 226 of the Constitution of India seeks the following reliefs :- a) that a writ, directions or order in the nature of mandamus be issued to Respondent No.2 directing him to withdraw the Office Note dated 28.07.2014 and restraining him from stopping the clearance of the import and export consignments of the Courier Companies on the pretext of the authorized signatory of Courier Companies not holding the 'F' card, 'G' Card or Kardex Number and not having passed the examinations referred to in CHALR 2004.
b) that a writ, directions or order in the nature of mandamus be issued to Respondent No. 6 directing him to make suitable and appropriate amendments to the Courier Regulations to make it self contained and free from the provisions of CHALR 2004 or CBLR 2013 or any other set of Regulations not connected with Courier Regulations.
Procedural History
The writ petition was filed on an unspecified date. It was reserved for judgment on 3 November 2014 and pronounced on 22 December 2014.
Acts & Sections
- Constitution of India: Article 226
- Customs House Agents Licensing Regulations, 2004 (CHALR 2004):
- Customs Brokers Licensing Regulations, 2013 (CBLR 2013):
- Courier Regulations:
