Home Case Index All Cases Customs Customs + HC Customs - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 328 - HC - CustomsImmediate suspension of Container Freight Station - Illegal removal of seized/confiscated goods - Confiscation of Red Sanders and One Time Seal affixed - later on, the One time seal was tampered and the confiscated red sanders were found missing. Held that:- The impugned order of suspension specified that the custodian has failed to ensure the safety and security of the goods which were entrusted to his custody. Other than this, no other serious allegation is made against him. Admittedly, the very same petitioner was certified to be the best Container Freight Station for the past two consecutive years. There are no materials to point out that he is involved, much less, actively involved in the removal of the confiscated goods. It is not clear as to when the goods confiscated were removed illegally within these four years. Unless and until the real culprit is caught, it will not come to light as to who are all involved in this criminal offence and as to whether the petitioner has any role in such illegality. There can be a suspicion, till such time, against the Container Freight Station also - In the absence of prima facie materials to indicate that the petitioner is actively involved in the illegal removal of the seized goods in connivance with the staff or others, or hoodwinking the Customs officials, they shall be construed to be innocent. The impugned order does not disclose as to how the continuance of petitioner will prejudice the proceedings initiated and lacks further details as to the entrustment other seized goods with the petitioner hampering the public interest. The order is in the nature of fixing the petitioner for the lapse with a view to save the skin of the officials of the respondent. The order of interim stay granted by this Court, vide order dated 09.03.2018, is made absolute till the disposal of the proceedings initiated by the respondents in SCN No.01/2018 dated 24.07.2018, on certain conditions - petition disposed off.
|