9911796707
TMI Blog2004 (9) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... /b. Mr. T.C. Kaushik. ORDER P.C. Heard 2. Rule. Returnable forthwith. 3. Advocate on record for respondents waives service. 4. Looking to the controversy involved in the writ petition, rule is treated to be on board for hearing and disposed of by this order. 5. The petitioner is a company registered under the Companies Act, 1956 and is engaged in the manufacture of synthetic yarn. For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 of the Customs Act, 1962 and, therefore, the order suspending the said licences under subsection (3) of Section 58 is without jurisdiction. 7. Section 58 of the Customs Act, 1962 reads thus: "58. Licensing of Private warehouses. -- (1) At any warehousing station, the Assistant Commissioner of Customs or Deputy Commissioner of Customs may license private warehouses wherein dutiable good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sistant Commissioner of Customs or Deputy Commissioner of Customs may suspend the licence." 8. Sub-section (1) of Section 58 provides for licence of private warehouses by the Assistant Commissioner of Customs or Deputy Commissioner of Customs. Under clause (a) of sub-section (2) the licence granted under sub-section (1) of Section 58 may be cancelled by giving one month's notice in writing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gned order of suspension various contraventions by the licensee are alleged but the said order does not reflect that any enquiry for cancellation of licences granted to the petitioner has commenced under sub-section (2)(b) of Section 58. In the reply affidavit filed by the respondents it is not the case that the enquiry for cancellation of licences granted to the petitioner under sub-section (1) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d order of suspension dated 20th August 2004 has to be set aside. 10. The writ petition, accordingly, succeeds. The order of suspension dated 20th August 2004 is set aside. However, it is clarified that the concerned authority is not precluded in taking appropriate action against the petitioner in accordance with law under sub-section (2)(b) of Section 58 of the Customs Act, 1962 and in that eve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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