Revocation of license of authorized courier unjustified in absence of any role in impugned smuggling
Case Law Details
UPS Jet Air Express Pvt Ltd Vs Chief Commissioner of Customs (CESTAT Chennai)
CESTAT Chennai held that order of revocation of license as authorized courier unjustified as appellant didn’t played any role the impugned smuggling of gold and other commercial goods.
Facts- DRI received specific intelligence that gold jewellery and other commercial goods are smuggled from Singapore through courier parcels. The officers obtained 58 pieces of courier parcels from the custodian at the courier terminal Chennai Airport. Shri Vijay, who is the custodian, submitted a statement showing the courier wise break up of the 58 pieces. It was found that 34 pieces of courier parcels were booked through the appellant.
Based on the investigation, the present show cause notice was issued to the appellant under Regulation 14 of the Courier Imports and Exports (Clearance) Regulations, 1998 proposing to revoke the registration as authorized courier and also for forfeiture of the security deposit. After due process of law, the original authority ordered for revocation of registration granted to the appellant as authorized courier and also ordered for forfeiture of Rs.10 lakhs being the security deposit made by them for registration.
Conclusion- Held that the appellant has cooperated with the investigation so as to bring out the truth. On appreciation of the evidence, we do not find grounds to hold that the appellant had played any role in the incident. In such circumstances, the order of revocation of the license cannot be sustained and requires to be set aside. In such circumstances, the order of revocation of the license cannot be sustained and requires to be set aside. However, as the appellant has not obtained authorization from the importer, we are of the view that the forfeiture of security deposit would be adequate. Forfeiture of Rs.10 lakhs is on the higher side. We hold that forfeiture of Rs.5,00,000/- would be sufficient.
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