भारत
सरकार/GOVERNMENT OF INDIA
सहायक
आयुक्त का
कार्यालय/OFFICE
OF THE ASSISTANT COMMISSIONER,
सिलीगुड़ी
सीमा शुल्क
प्रमण्डल/SILIGURI
CUSTOMS DIVISION,
फुलबारी
सीमा शुल्क
कार्यालय,(एक तला)/FULBARI
CUSTOMS OFFICE (1ST FLOOR),
चमपतगछ, पो. फुलबारी
हाट,
जलपाईगुरी/ CHAMPATGACHH, P.O: FULBARI HAT, DIST: JALPAIGURI, PIN- 734015
ADJUDICATION ORDER NO. Date:
Date of Dispatch:
Passed
by the Assistant / Deputy Commissioner of Customs, Siliguri Division.
ORDER(ORIGINAL)
izLrkouk
PREAMBLE
1. vkns’k dh ;g izfr ml O;fDr ds futh iz;ksx
ds fy, fu%’kqYd nh tkrh
gS ftls ;g tkjh dh x;h gSA
This
copy is granted free of charges for private use of the person whom is issued
2.
इस
आदेश से
प्रभावित कोई
व्यक्ति इसके
विरुद्ध
आयुक्त -1 (अपील), बम्बूविल्ला, 169,
एबोस रोड सी॰
जे॰ को-700014 को
दो प्रतियों
मे अपील कर
सकता है/ उपरोक्त
पत्र के जारी
होने की तिथि
से 60 दिनों
के भीतर अपील
दायर की जा
सकती है/
This copy is granted free of charge for
private use of the person to whom it is issued.
Any person deeming himself aggrieved by this order
may file an appeal in duplicate against the same to the Commissioner (Appeal)
Kolkata-I, 4th floor, Bamboo Villa,169, A.J.C. Bose Road, Kolkata - 700014 . The appeal should be filed within
60 days from the date of Communication of this order.
3 vihy QkeZ lh ,&I [lhek शुल्क ¼vihy) fu;e 1982 ds fu;e 3 ds vuqlkj & bls lhek शुल्क vf/kfu;e 1962 ds vuwPNwwsn 128 ds lkFk पड़ा tk;] nks izfr;ksa vkSj
mlds lkFk vkns’k dh izfr ;k fu.kZ; ftlds f[kykQ vihy djuh
gS ftl ij
fuEufyf[kr dksVZ Qh yxh
gksuh pkfg,A
Appeal should be filed in duplicate in form C.A-1
(vide Rule 3 of Customs (Appeal) Rules, 1982 read with Section 128 of the
Customs Act, 1962 and shall be accompanied by a copy of the order or decision
appealed against which should bear a court stamp as below.
(i) ;fn fo”k; oLrq dh ewY; 50 #i;k gS
;k 50 #i;k ls de gS rks-------------------40 iSlk
If the
amount of value of the subject matter is Rs. 50/- or less than Rs. 50/-…..40
Paisa.
(ii) ;fn fo”k; oLrq dh ewY;
50 #i;k ls T;knk gS rks
----------------------------------- 75 iSlkA
If the amount of value of the subject matter exceeds Rs. 50/-…75
Paisa.
Name
& address of the party: UNCLAMED
Seizure Case No,_____________________________________________dt._______________
|
Sl.
No. |
Description
of Cattle |
Quantity |
Value
(in Rs.) |
|
|
|
|
|
|
|
|
|
|
Brief
facts of the case.
On_____________ at about____________hrs. acting on information BSF officers
of______________________________________ in
course of preventive patrolling /rummaging/checking the
near____________________________________________
intercepted/ detected the cattle mentioned
above. The person accompanying the cattle, managed to flee away leaving the
same behind. The recovered cattle
were
handed over to the Customs officers of_________________________________on____________
where it was seized under section 110 of the Customs Act, 1962 on reasonable
belief that the same were attempted to be exported illegally from India to Bangladesh
on ___________ at about __________ hrs through unauthorized route without: -
1. An order permitting clearance of cattle by the proper officer
under section 51 of the Customs Act, 1962.
2. A valid Importer/Exporter Code No. & License as required under
section 7 & 9 of the Foreign Trade (Development & Regulation) Act, 1992
3. A valid order issued under Section 3(2) the Foreign Trade
(Development & Regulation) Act, 1992 and
4. A valid permission granted by the Reserve Bank of India as
required under section 3 of the of the Foreign
Exchange Management Act, 1999.
Thus rendering the seized cattle liable
to confiscation under section 113(b) & (d) of the Customs Act, 1962 and
vesting it over to the Central Government under section 126 ibid.
Show Cause Notices under Section 124
of the Customs Act,1962 was issued on _______________asking the claimant (if
any) requiring him/them to show cause (within 30 days) as to why, the cattle
held under seizure should not be confiscated under Section 113(b) & (d) of
the Customs Act, 1962, for violation of the aforesaid provisions of law read
with Section 11 of the Customs Act1962 and why penalty should not be imposed
against him/ them under section 114 ibid. Till date nobody claimed ownership or
responded to the said show cause notice. Hence the case is taken up for
adjudication on the basis of available records.
DISCUSSIONS& FINDINGS
I have gone through the available
case records. The cattle were seized close
to porous border areas prone to smuggling activities and there is an existing
trend of smuggling of cattle to Bangladesh through such unauthorized route.
There was nobody to claim ownership of the cattle and disapprove of its contraband
nature. Prima facie it indicates the act of smuggling of cattle in violation of the aforementioned
provisions of Law rendering the cattle held under seizure liable to confiscation
under Section 113(b) & (d) of the
Customs Act, 1962.
Since the cattle held under seizure
in the instant case were livestock & perishable in nature the
same were sold in Public Auction in a combined
lot vide B/L No. ___________ dt.
_____ to the Highest Bidder for Rs.
________ /- (Rupees
________________________________ only) that was realized vide TR-5 No. ________
dt.________ and the same deposited into SBI_______________________
branch vide TR6 Challan No.
___________
dt. _________. As the
confiscated cattle are liable to be vested in Central Government under
Section
126 of the Customs Act, 1962, the amount of Rs. ________ realized as sale proceeds from the auction is also liable to be
appropriated to the Central Government
Account. The Appropriated value w.r. t. instant
Seizure Case being Rs.____________(Rs._____________________________only.
ORDER
On the basis of the above discussions
and findings, I order for absolute confiscation of the seized
cattle
under Section 113(b)&(d) of the Customs Act, 1962 and the sale proceeds of
Rs._______________ realized through public
auction appropriated to the Central Government
Account.
The imposition of penalty under
section 114 of the Customs Act, 1962 is put aside as no persons were
apprehended or found to be involved in the instant case.
Deputy/Assistant Commissioner
Siliguri Customs Division ,Siliguri
C.No.VIII (10)/ Date:
Copy forwarded for information &
necessary action to:-
1. The
Deputy/Assistant Commissioner of Customs (A&R) CGST Commissionerate, Siliguri
2 The
Superintendent of Customs , Fulbari P.U/ Changrabandha P.U/ Islampur P.U.
4. Notice
Board, Siliguri Division
Deputy/Assistant Commissioner
Siliguri Customs Division ,Siliguri
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