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    <title>2024 (5) TMI 801 - CESTAT HYDERABAD</title>
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    <description>Cancellation of warehouse licences was held unsustainable where genuine insurance policies were available and port NOC was not shown to be a statutory requirement; the order was set aside as excessive and disproportionate to the alleged lapse. Penalty on the Director under Section 117 of the Customs Act, 1962 was also held unsustainable because no specific statutory contravention by the Director was established, and the general penal provision could not be used to cover alleged regulation breaches without an express penal clause. The licences were restored and the personal penalty deleted.</description>
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      <description>Cancellation of warehouse licences was held unsustainable where genuine insurance policies were available and port NOC was not shown to be a statutory requirement; the order was set aside as excessive and disproportionate to the alleged lapse. Penalty on the Director under Section 117 of the Customs Act, 1962 was also held unsustainable because no specific statutory contravention by the Director was established, and the general penal provision could not be used to cover alleged regulation breaches without an express penal clause. The licences were restored and the personal penalty deleted.</description>
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