9911796707
TMI Blog2019 (3) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... business at Tuticorin. According to the petitioner, a container containing Red Sanders were entrusted to the petitioner by the Directorate of Revenue Intelligence for safe custody which was kept in the warehouse of the petitioner. Thereafter, the officials of the Directorate of Revenue Intelligence found that the seal in the container was broken open and replaced with another broken customs seal and the Red Sanders were stolen from the container. Immediately, the petitioner lodged a police complaint for the stolen Red Sanders from the container. But on 05.03.2018, the first respondent suspended the license of the petitioner, who is the holder of a valid CFS license. Challenging the suspension of the license, the petitioner filed a writ pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner, the Enquiry Officer appointed by the respondent shall complete the proceedings within a period of four months thereafter." 4. In compliance with the order dated 02.08.2018 passed in W.P.(MD)No.5052 of 2018, the petitioner furnished the 'Bank Guarantee' in favour of the first respondent for a sum of Rs. 6,79,50,000/-. Even during the pendency of the writ petition in W.P(MD) No.5052 of 2018, the first respondent issued a show cause notice dated 24.07.2018 to the petitioner calling upon the petitioner as to why license issued in favour of the petitioner should not be revoked and a penalty also be imposed and a reply was also given by the petitioner to the show cause notice dated 24.07.2018 issued by the first responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by the learned single Judge of this Court as a security for the stolen goods is no more applicable since the first respondent has given a very clear finding that the stolen goods are very much available with the forest department. Therefore, in such circumstances, the instant writ petition has been filed for the return of 'Bank Guarantee', since the first respondent rejected the request dated 18.01.2019 made by the petitioner on 25.01.2019. 7. Heard Mr.N.Viswanathan, learned counsel for the petitioner and Mr.R.Aravindhan, learned standing counsel appearing on behalf of the respondents. 8. Per contra, the case of the respondents as seen from the counter affidavit filed by them before this Court is that the main bone of contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents were right in not considering the request of the petitioner to return the 'Bank Guarantee' till the lost goods were received back. Discussion: 10. The entire issue revolves upon the theft of Red Sanders which were kept in the custody of the petitioner by the Directorate of Revenue Intelligence(DRI). The 'Bank Guarantee' was furnished by the petitioner for a sum of Rs. 6,79,50,000/- only to secure the loss of the stolen goods namely the Red Sanders, which were entrusted by the Directorate of Revenue Intelligence to the petitioner for safe custody. The 'Bank Guarantee' was given only as a condition for seeking stay of suspension of license. The first respondent has in his letter dated 10.01.2019 has categ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom 2005 onwards. According the learned counsel for the petitioner, they are having a huge turn over of approximately Rs. 300 crores every year and they have also obtained awards from the Customs Department. Learned counsel for the petitioner on instructions has also submitted that they will continue to abide by all the Regulations of HCCAR, 2009. They also undertake that in case of any violation of any of the conditions under HCCAR, 2009, the respondents are at liberty to initiate appropriate legal action in accordance with law against them. Further, as seen from the affidavit, filed in support of the earlier Writ Petition filed by the petitioner and the submissions made by the learned Counsel for the petitioner on instructions, the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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