HARI & CO Vs. THE COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The instant writ petition has been filed challenging the order dated 25.01.2019 passed by the second respondent rejecting the request made by the petitioner for release of the 'Bank Guarantee' dated 30.10.2018 for a sum of Rs.6,79,50,000/-.

(2.) It is the case of the petitioner that they are licensed Container Freight Station (CFS), carrying on 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 petition before this Court in W.P.(MD) No.5052 of 2018. By an interim order, this Court granted an order of Interim Stay for the suspension of the license.

(3.) Aggrieved by the interim order granted by this Court in favour of the petitioner, the respondent preferred a writ Appeal in W.A.(MD) No.673 of 2018 before the Division Bench of this Court. The Division Bench, after consideration, remanded the matter back to the learned single Judge of this Court for fresh consideration. After the remand by the Division Bench, by order dated 02.08.2018 in W.P.(MD) No.5052 of 2018, the learned Single Judge of this Court disposed of this Writ Petition by passing the following order:-