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The HC quashed the SCN issued by the Commissioner of Excise against the petitioner for alleged illegal possession and transportation of liquor without valid permits under the Goa Excise Duty Act, 1964. The court held that the petitioner lawfully purchased foreign liquor under a consignment bond pursuant to the Customs Act, 1962, with goods remaining in customs bonded warehouse custody. Since the goods had not cleared customs and were sealed under customs supervision, the Excise Department lacked jurisdiction to intervene. The issuance of the SCN and subsequent actions by the Excise Department, including unsealing the vehicle and filing an FIR, were held to be without jurisdiction and malafide. Consequently, the court set aside the SCN, ruling that the Goa Excise Duty Act did not apply to the goods in question, and disposed of the petition accordingly.
The HC quashed the SCN issued by the Commissioner of Excise against the petitioner for alleged illegal possession and transportation of liquor without valid permits under the Goa Excise Duty Act, 1964. The court held that the petitioner lawfully purchased foreign liquor under a consignment bond pursuant to the Customs Act, 1962, with goods remaining in customs bonded warehouse custody. Since the goods had not cleared customs and were sealed under customs supervision, the Excise Department lacked jurisdiction to intervene. The issuance of the SCN and subsequent actions by the Excise Department, including unsealing the vehicle and filing an FIR, were held to be without jurisdiction and malafide. Consequently, the court set aside the SCN, ruling that the Goa Excise Duty Act did not apply to the goods in question, and disposed of the petition accordingly.
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