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        Case ID :

        2015 (10) TMI 1535 - HC - Customs

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        Court orders prompt action on confiscated goods removal and relocation, addressing petitioner's grievances. The court directed the respondents to promptly consider and decide on the petitioner's representation regarding the removal of 23 consignments from their ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                              Court orders prompt action on confiscated goods removal and relocation, addressing petitioner's grievances.

                              The court directed the respondents to promptly consider and decide on the petitioner's representation regarding the removal of 23 consignments from their premises following the cancellation of their CFS status. The authorities were instructed to auction the confiscated goods or relocate them from the petitioner's premises within twelve weeks from the court order date, acknowledging the petitioner's grievances and the unlawful retention of the goods. The writ petition was disposed of with this directive, without imposing any costs.




                              Issues:
                              Petitioner seeks removal of 23 consignments from their premises post cancellation of CFS license.

                              Analysis:
                              The petitioner, a Container Freight Station (CFS) operator, had approval to function as a CFS for import and export cargo. Due to operational difficulties, they requested cancellation of the license. Despite stopping operations and liquidating cargo, 23 consignments seized by customs authorities remained on the premises. The Ministry of Commerce canceled the initial approval, and the petitioner no longer holds CFS status or a bonded warehouse license. The petitioner's counsel argued that as per the Customs Act, 1962, the goods cannot continue to remain on the premises. Multiple representations to remove the goods were made to the respondents since 2012, but no action was taken. Some consignments had been confiscated years ago, making them Central Government property, requiring the confiscating officer to take possession. The counsel contended that retention of the 23 consignments on the premises was unlawful, seeking a directive for their immediate removal.

                              The court noted the petitioner's grievances regarding the unnecessary retention of confiscated goods on their premises post-cancellation of CFS status. Despite repeated representations, the authorities failed to take action, prompting the filing of the writ petition. The court observed that the authorities neither auctioned the confiscated goods nor ensured their safe custody. Consequently, the court directed the respondents to consider and decide on the petitioner's representation dated 20.1.2015 promptly. The authorities were instructed to either auction the confiscated goods or relocate them from the petitioner's premises within twelve weeks from the date of the court order. The writ petition was disposed of with the aforementioned directive, without imposing any costs.
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