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2009 (3) TMI 333 - HC - CustomsLiability for payment of any damages in case imported goods destroyed in fire, while in the Air Cargo Complex managed by custodians - the questions required to be considered by this Court in these Revision Petitions are: whether the custodian alone or the Customs Authorities alone are liable to answer the claim of the plaintiffs? or whether all of them are jointly and severally liable to answer the claim of the plaintiffs? - it is clear that the imported goods should land only in customs area of the notified customs Airport and such imported goods should be unloaded only in the customs area notified in the presence of the proper officer. – As per statutory provisions, the Customs Authorities would retain the complete control over the goods so stored with the custodian. The custodian is not an independent authority to deal with the imported goods and he has to act in accordance with the directions of the Proper Officer. – duty liability on custodian on pilferage doesn’t means that customs authority have no liability and they are not answerable for the loss. - in so far the importer is concerned, the moment imported goods lands in customs area, since statutorily it has to remain in the custody of the Customs Authorities till it is released either for home consumption or for warehousing, there will be a statutory creation of bailment and the Customs Authorities become the bailee vis-à-vis the importer. Therefore, in my considered opinion, the customs authorities are principally liable for the proper return of the imported goods to the importer concerned on its clearance.
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