PER : Bench

This appeal BEING No. 85943 of 2026 has been filed by M/s International Cargo Terminal Private Limited, Village Koproli (herein after referred to as ‘appellant’, for short), who are operating Container Freight Station (CFS), for short known as “ICTPL/Globicon CFS”, at Nhava Sheva, being aggrieved against the Order-in-Original No. GEN/1374/2026-CCSP-O/O COMMR-CUS-GEN-NHAVA SHEVA dated 05.05.2026 (herein after referred to as ‘impugned order’) passed by the Commissioner of Customs (General), CCSP Section, Jawaharlal Nehru Custom House (JNCH), Nhava Sheva. The appeal No. 85820 of 2026 has been filed against order dated 13.04.2026 for immediate suspension of the appellant CFS for forwarding as a Custom Cargo Service Provider (CCSP). Subsequently, post-decisional hearing had been given on 16.04.2026 and 04.05.2026, and order dated 05.05.2026 has been passed by the learned Commissioner of Customs, and thus earlier order of 13.04.2026 has merged with the order dated 05.05.2026. Therefore, the appeal No. C/85820/2026 has become infructuous and accordingly it is dismissed and disposed of.

2.1 Briefly stated, the facts of the case are that the appellants herein was appointed as a ‘custodian’ of ICTPL/Globicon CFS under Section 45(1) and 141(2) of the Customs Act, 1962 and also as a Customs Cargo Service Provider (CCSP) duly approved by the Commissioner of Customs (General), JNCH, Nhava Sheva under Regulation 10 of Handling of Cargo in Customs Areas Regulations (HCCAR), 2019 vide Notification No.12/2016 dated 23.12.2016. The CCSP license for the appellants was renewed from time to time by the Commissioner of Customs (General), JNCH and the latest approval as a CCSP was issued by Public Notice No.67/2023 dated 08.08.2023.

2.2 Investigation conducted by the Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai (DRI) indicated that in two consignments declared to contain “CMS Granules” and “Gypsum Plaster” vide Container Nos. INKU2208675 and ONEU6262323 respectively, imported through JNCH port, ICTPL/Globicon CFS were actually found to be an attempt for smuggling of Chinese Origin “Fireworks/ Firecrackers” and those goods were restricted for import into India. Further, one another container No. TGHU6099161 covered under Bill of Lading No. JSSONSA2603010 dated 18.03.2026, carrying a imported goods declared to be “household goods” had earlier arrived at ICTPL/Globicon CFS on 09.04.2026, and the same is also containing “Fireworks/ Firecrackers” which is being attempted for unauthorised removal from the customs area i.e., ICTPL/Globicon CFS by certain group of persons operating as a smuggling syndicate. Therefore, DRI officers had sent an e-mail communication at 19:44 Hrs. on 11.04.2026 to the ICTPL/Globicon CFS followed by a telephonic intimation at 19:45 Hrs. to the concerned CFS official, stating that thesaid container should be kept in hold and DRI officers were going to the ICTPL/Globicon CFS for securing the aforesaid imported cargo. While the DRI officers were on their way away, they had received a call from the CFS official at 20:14 Hrs. stating that the imported goods referred to by DRI in container No. TGHU6099161 are being unauthorisedly removed from it, inside the ICTPL/Globicon CFS. By the time DRI officers reached the said ICTPL/Globicon CFS, they found that 90% of the cargo in the suspect container were offloaded and the same was stuffed inside the truck bearing registration No. MH 04 KU 3433. The said goods were seized on 11.04.2026 and detailed physical verification was conducted on 12.04.2026, which revealed that the goods attempted to remove were actually “Fireworks/ Firecrackers” of Chinese Origin, the import of which is restricted.

2.3 On the basis of preliminary investigation conducted by DRI, it was indicated that the specific vulnerabilities that existed at the ICTPL/Globicon CFS were exploited by the smuggling syndicate in the aforesaid incident of unauthorized removal of firecrackers. These vulnerab