9911796707
TMI Blog2014 (5) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... a proprietary concern and is engaged in the business of operating a bonded ware house situated at Industrial Area, Gandhidham, Kachchh. The petitioner has necessary licences under the Customs Act, 1962 („the Act‟, for short) and the Rules made thereunder for operating such a private bonded warehouse for storage of bonded provisions. In such warehouse the petitioner stores cigarettes, soft drinks, toilet items, alcoholic beverages etc. The petitioner, as per law, is permitted to store such items without payment of duty on the first importation there of subject to certain conditions of the licence. Such goods so werehoused by the petitioner are being supplied to foreign going vessels as per the orders that the petitioner may rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner has not breached any provision of the Act or the Rules made thereunder or the conditions of the licence. Having heard learned counsel for the parties, we notice that the customs authorities have prima - facie found a huge stock of foreign made alcohol, which was in excess of the declared stock as per the registers maintained by the petitioner. Prima facie, the authorities have shown that during the preliminary investigation more than 79,000 bottles of different brands of foreign made liquor was found in excess of the registered stock maintained by the petitioner. Value of such excess stock runs into crores of rupees. It is also possible, as contended by the learned counsel for the petitioner, that some of these discrepancies may, late ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the ground envisaged under clause (b) of subsection (2) of Section 58, namely, that the license e has contravened any provision of the Act or the Rules or Regulations or committed breach of any of the conditions of the licence. It is not even the case of the petitioner that if stock far in excess of the registered stock is found from the warehouse, the same may not amounting to breach of conditions of the licence. We are, however, not at this stage required to comment on any possible action that the customs authorities may finally take in terms of subsection (2) of Section 58. Suffice is to notice that in view of major discrepancy in the registered stock and the physical stock prima-facie found by the customs authorities during the early ..... X X X X Extracts X X X X X X X X Extracts X X X X
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