Disposal of confiscated goods – clarification on existing instructions – regarding.

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....bsp; Disposal of confiscated goods - clarification on existing instructions - regarding. ***            I am directed to invite your attention to the Board's Circular No. 12/2006- Customs dated 20.2.2006 and the earlier instructions issued to the field formations vide Board's letters F. No. 711(7)/53-Cus. (AS) dated 27.5.1993, F. No.30/33/67-LC.I dated 19.1.68 and F.No.30/3/64-LC.I dated 10.2.1964 in the matter of disposal of confiscated/seized goods. In this regard, certain representations have been received in the Board from the trade as well as the field formations seeking clarification on the manner of disposal of confiscated/seized goods. 2.     ....

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....ed by the field formations and the instructions issued from time to time by the Board were also examined in detail. The judgement of the Hon'ble High Court of Patna in Civil Writ case No.12672 of 2010 dated 9.9.2011 was also taken into account. Considering the various factors involved in the process of disposal of seized/confiscated goods, the following clarification are offered in disposal of confiscated/ seized goods by the department. 3.2.      Sale through Army canteen/ CSD: It is reiterated that the requirements of Army authorities/Military Canteens/ Canteen Stores Department (CSD) for purchase of confiscated/seized goods may be allowed since they provide consumer goods of high quality to the troops wherever....

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....ives Act, should be permitted to purchase the confiscated/seized goods. The genuineness of co-operative societies/federation may also be verified through concerned Commissionerates or other field formations of this department, wherever required. (c)  They should be obliged to sell such seized/confiscated goods directly to bonafide consumers. (d)  No pick and choose of items would be allowed. (e)  Seized/confiscated consumer goods shall be offered on first come first served basis. (f)   Any lot of confiscated/seized consumer goods of value exceeding Rs. Five lakhs shall not be sold directly to the aforesaid cooperative societies/federation and shall be sold by E-auction or auction-cum-tender basis. (g)....

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....C has been emphasizing on e-commerce/e-procurement/e-sales for enhancing transparency, giving equal opportunities to all. Accordingly, CVC vide Office Order No.46/9/03 dated 11th September 2003 (No.98/ORD/1) has stated that the departments/ organizations may themselves decide on e-procurement/reverse auction for purchases or sales and work out the detailed procedure in this regard. It has, however, to be ensured that the entire process is conducted in a transparent and fair manner. 5.2.      Board had earlier appointed a Task Force to examine the various issues arising out of the audit review, and to suggest effective measures to put in place a permanent mechanism for expeditious disposal of cargo including confi....