Sudharsan Logistics Pvt. Ltd. Vs Commissioner of Customs (Madras High Court)
Madras High Court directs customs department to reconsider suspension order suspending license of Container Freight Station [CFS] due to unblemished track record of the petitioner. Accordingly, writ disposed of.
Facts- Several executive staff members of the petitioner company, jointly and severally, colluded with import -export commission agents to remove the subject cargo – 56 MT of Poppy seeds – along with cargo from the public bonded warehouse cargo from the CFS without declaring it to the proper officer.
According to the respondents, the subject import consignment was smuggled into India from Myanmar through concealment and mis-declaration of goods and the subject CCSP / Custodian, appears to have facilitated the entry and exit of cargo laden trucks from the customs area, without making any entries in the ‘Gate-in and Gate-out’ security registers and without obtaining permission from the proper officer. The respondent has also alleged that the petitioner’s employees have substituted the cargo -56 MTs of Poppy Seeds with locally procured dummy cargo viz., Rice Bran. The respondent also claims that the petitioner’s employees appeared to have altered the weighment details of said 02 import containers, which carried 56 MT of poppy seeds.
