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Court orders Consumer Affairs Authority (CAA)to release unlawfully seized chocolate shipment back to Customs
A highly-significant case was reported from the Negombo Magistrate Court last week. It was a tussle between the Customs and the Consumer Affairs Authority (CAA), concerning the jurisdictions vested in the two Government institutions under the respective laws, under the Consumer Affairs Authority Act (No. 09 of 2003) and the Customs Ordinance.
The CAA investigators on 30 May had raided a Customs bonded warehouse at Global Park and seized a consignment (a load of 4×40 foot containers) of chocolate.
This shipment had been imported under entrepot trade facility for minor processing and re-shipment and strictly not for the domestic market.
The shipment of chocolate which the CAA claimed expired had been imported under the commercial hub operations announced by the Government, under the exemption granted by the Finance Act (No. 12 of 2012).
On 24 September, the Court made its order acquitting all the accused charged in the case with an order made to release the shipment to the Customs with immediate effect.
This was clearly a case of misunderstanding and total ignorance on the part of the CAA investigators. Under the Consumer Affairs Act No. 09 of 2003, the CAA could carry out investigations only in the cases affecting internal trade and this consignment had been imported under entrepot trade facilitation strictly for export market.
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A highly-significant case was reported from the Negombo Magistrate Court last week. It was a tussle between the Customs and the Consumer Affairs Authority (CAA), concerning the jurisdictions vested in the two Government institutions under the respective laws, under the Consumer Affairs Authority Act (No. 09 of 2003) and the Customs Ordinance.
The CAA investigators on 30 May had raided a Customs bonded warehouse at Global Park and seized a consignment (a load of 4×40 foot containers) of chocolate.
This shipment had been imported under entrepot trade facility for minor processing and re-shipment and strictly not for the domestic market.
The shipment of chocolate which the CAA claimed expired had been imported under the commercial hub operations announced by the Government, under the exemption granted by the Finance Act (No. 12 of 2012).
On 24 September, the Court made its order acquitting all the accused charged in the case with an order made to release the shipment to the Customs with immediate effect.
This was clearly a case of misunderstanding and total ignorance on the part of the CAA investigators. Under the Consumer Affairs Act No. 09 of 2003, the CAA could carry out investigations only in the cases affecting internal trade and this consignment had been imported under entrepot trade facilitation strictly for export market.
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