9911796707
TMI Blog2015 (10) TMI 1535X X X X Extracts X X X X X X X X Extracts X X X X ..... rit petition has been filed by the petitioner seeking a writ of mandamus directing the respondents herein to remove the 23 consignments 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 property becomes the Central Government property and the officer adjudging the confiscation is required to take possession of the confiscated goods. 2.7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fe custody. Therefore, there is no justifiable reason for retaining the same in the place belonging to the petitioner company, which had lost the status of CFS. 5. Hence, the respondents are directed not only to consider and pass orders on the representation of the petitioner dt.20.1.2015, but also to take a positive decision either to auction the confiscated goods or otherwise to shift from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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