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2015 (10) TMI 1535 - MADRAS HIGH COURT

2015 (10) TMI 1535 - MADRAS HIGH COURT - 2015 (323) E.L.T. 683 (Mad.) - Appeal to remove consignments from the Premises Petitioner functions as Container Freight Station (CFS) under Section 45 of the Customs Act, 1962 Petitioner contends that license issued to them for the operation of CFS cancelled and as such consignments seized be removed from their premises - Held That:- There is no justifiable reason for retaining goods in the premises of the Petitioner as the same does not have a licen .....

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ents listed in Annexure, from the petitioner premises forthwith. 2.1 The learned counsel appearing for the petitioner submitted that petitioner Company, after obtaining permission and approval from the Ministry of Commerce, Government of India, started functioning as a Container Freight Station (CFS) for receipt of import as well as export cargo with effect from July, 1999, in terms of Section 45 of the Customs Act, 1962. The Deputy Commissioner of Customs (Bonds) working under the 2nd responden .....

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m for the operation of CFS. In the meantime, they have stopped movement of the import containers as well as the goods meant for export and gradually the cargo lying in the CFS was liquidated. However, 23 consignments, relating to the import/export seized by the customs authorities are still lying in the petitioner's premises. 2.3 Adding further, learned counsel for the petitioner would submit that by a communication dated 20.06.2012, the petitioner Company took up the matter with the Ministr .....

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bmit that though a number of representations were given to the respondents right from the year 2012, requesting them to remove the goods lying in their premises, neither they have taken possession of the same nor disposed them off in accordance with law. 2.6 Besides, according to the learned counsel for the petitioner, many of the consignments have already been confiscated by the authorities several years back. Therefore, as per Section 126 of the Customs Act, 1962, upon confiscation, the proper .....

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