MILLIARD LOGISTICS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has sought a declaration that the action of the respondents in not allowing the normal operation of the Customs Broker License as per the orders passed by the Customs Excise and Service Tax Appellate Tribunal [2015 (325) E.L.T. 162 (Tri. - Mumbai)] violates the petitioners fundamental right guaranteed by Article 19(1)(g) of the Constitution of India. It is also violative of the constitutional mandate enshrined in Article 14 of the Constitution of India.

(2.) The petitioner was granted Customs House Agent Brokers License by the Commissioner of Customs, Kanpur. The petitioner is also permitted to work at Mumbai Customs Commissionerate.

(3.) A bill of entry was filed by the petitioner on behalf of the importer M/s. R.N. Trading for clearance of assorted soft drinks, chocolates, baked beans, vinegar, etc. A bill of entry was registered on 8th November, 2013 and was presented for examination on 11th November, 2013 by the employee of the petitioner along with No Objection Certificate. The Customs Authorities found that the No Objection Certificate produced was forged or bogus. This was confirmed by the Authorities, namely, Foods Safety and Standards Authority of India in writing by letter dated 4th December, 201 Thereafter, further process was undertaken. The goods were seized. A provisional release was directed after a fresh No Objection Certificate was produced on 3rd February, 2014.