2004 (9) TMI 704

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....le along with Mr. Y.R. Mishra i/b. Mr. T.C. Kaushik. ORDER P.C. Heard 2. Rule. Returnable forthwith. 3. Advocate on record for respondents waives service. 4. Looking to the controversy involved in the writ petition, rule is treated to be on board for hearing and disposed of by this order. 5. The petitioner is a company registered under the Companies Act, 1956 and is engaged in....

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.... clause (b) of sub-section (2) of Section 58 of the Customs Act, 1962 and, therefore, the order suspending the said licences under subsection (3) of Section 58 is without jurisdiction. 7. Section 58 of the Customs Act, 1962 reads thus: "58. Licensing of Private warehouses. -- (1) At any warehousing station, the Assistant Commissioner of Customs or Deputy Commissioner of Customs may lic....

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....section (1) should be cancelled under clause (b) of sub-section (2), the Assistant Commissioner of Customs or Deputy Commissioner of Customs may suspend the licence." 8. Sub-section (1) of Section 58 provides for licence of private warehouses by the Assistant Commissioner of Customs or Deputy Commissioner of Customs. Under clause (a) of sub-section (2) the licence granted under sub-section (1) ....

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.... an enquiry under sub-section (2)(b) of Section 58. Though, in the impugned order of suspension various contraventions by the licensee are alleged but the said order does not reflect that any enquiry for cancellation of licences granted to the petitioner has commenced under sub-section (2)(b) of Section 58. In the reply affidavit filed by the respondents it is not the case that the enquiry for can....