Ajit Kumar Sengupta, J. - (1.) The petitioner is a company incorporated under the U.K. Companies Act. It has Jute Mills in Titagarh in the District of 24-Parganas. For running of the said Jute Factories, the petitioner imports from time to time machinery and spares under licence granted by the Central Government. Under the Customs Act, 1962 and the Rules and Regulations framed thereunder an importer is allowed to warehouse the imported goods in a bonded warehouse or clear the same immediately for home consumption after filing appropriate Bills of entry for the same.
(2.) Section 58 of the said Act enables the Customs Authorities to licence private warehouses wherein dutiable goods imported by or on behalf of the licensee or any other imported goods in respect of which facilities for deposit in a public warehouse are not available could be deposited without payment of duty.
(3.) On or about August 27, 1982 the petitioner applied to the Customs Authorities for licensing its No. 2 mill at Titagarh as a licensed private bonded warehouse under Section 58 of the said Act wherein the petitioner could warehouse, until release thereof for home consumption, the jute mill machinery and spares imported and/or to be imported by it from time to time, as aforesaid.;