- (1.) The petitioner invoked the writ jurisdiction of this Court challenging the order dated 4-8-2011 (Annexure P-1), whereby the Bill of Entry lodged by the petitioner has not been accepted under 'Self category, as the petitioner does not satisfy the requirement contained in sub-para (iv) of Para 5 of Public Notice No. 8/2005, dated 12-5-2005.
(2.) The petitioner in the course of his business imported a consignment of "Old & Used Digital Multifunctional Devices". Such goods were accompanied with the Overseas Chartered Engineer Certificate dated 20-4-2011. The copies of the invoice dated 18-4-2011 and Overseas Chartered Engineer Certificate dated 20-4-2011 are annexed with the writ petition. The Petitioner sought permission of respondent No. 4 on 29-6-2011 to file Bill of Entry under the 'Self' category alongwith the requisite documents. The goods sought to be imported by the petitioner are freely importable as per Foreign Trade Policy 2009-2014.
(3.) The entry of goods on importation is governed by Section 46 of the Customs Act, 1962 (for short 'the Act'), whereas Section 146 of the Act deals with licensing of customs house agents. In terms of Section 146 of the Act, the Central Board of Excise & Customs has framed Regulations called 'Customs House Agents Licensing Regulations, 2004'. As per Regulation 2(c), 'Customs House Agent' means a person licensed under these regulations to act as agent for the transaction of any business relating to the entry or departure of conveyances or the import or export of goods at any Customs Station.;