Government of India Ministry of Finance Department of Revenue Central
Board of Indirect Taxes & Customs (Investigation — Customs) Circular No.
30/2019- Customs *******
New Delhi, dated 11.09.2019
To,
All Principal Chief Commissioners/ Chief Commissioners of
Customs/Customs (Preventive)/
Customs & Central Taxes,
The
Principal Director Generals, DRI/DGGI,
The Principal Commissioner,
Directorate of Logistics,
Webmaster, CBIC.
Madam/ Sir,
Subject: Disposal of seized/confiscated foreign origin liquor — reg. I am
directed to draw your kind attention to the practice of disposal of
seized/confiscated liquor lying with Customs formations. Under the extant
instructions/guidelines such seized/confiscated liquor was being disposed of by
various means including sales to Canteen Stores Department (CSD), other Defence
Establishments or sale to hotels/restaurants and clubs having the necessary
liquor licenses or to Indian Tourism Development Corporation (ITDC).
2.
Now, field formations brought the following difficulties in disposing of
seized/confiscated foreign origin liquor to the notice of the Board namely:
i. Lack of response from Canteen Store Department (CSD) or from other
Defence Establishments;
ii. Lack of response from other bidders on
account of problems associated with getting clearances from:
a. State
Excise Department;
b. Food Safety and Standards Authority of India
(FSSAI);
iii. Denial of permission to sell by State Excise Authorities;
3. The matter was examined in consultation with Food Safety and Standards
Authority of India (FSSAI) & Canteen Stores Department (CSD).
3.1. At
present CSD is buying liquor of foreign brands directly in bulk quantity. As the
seized/confiscated liquor is in assorted brands and in different quantities,
they are not in a position to buy the stock from Customs.
3.2. FSSAI has
stated that:-
i. As per Food Safety and Standards (Import) Regulations,
2017, the Authorised Officer shall follow the procedure of inspection, sampling,
testing and clearance, laid down under these regulations, for disposal of all
cases of uncleared or unclaimed articles of food;
ii. FSSAI has also
categorically emphasized that without obtaining a No Objection Certificate (NOC)
from FSSAI, the imported food products including seized/confiscated
foreign-origin Liquor should not be released to the market for sale/consumption
and if sampling is not feasible in case of seized lot/batch of one or two
bottles, then such stock shall be destroyed by the Customs;
iii. FSSAI
has also informed that there is provision to minimize the cost of sampling of
imported high priced alcoholic beverages. As per their Order F. No. 1/1619/F S
SAI/Imports/2016 dated 06.03.2017, a miniature/representative sample of 100 ml
(in two numbers) will be taken for laboratory analysis;
iv. FSSAI has
also clarified that there is no de-minims clause/exemption from testing of small
lots.
4. In view of the above, the following guidelines are issued:
4.1. The Principal Commissioner of Customs or Commissioner of Customs shall
constitute Liquor Disposal Committee headed by a Chairman of the rank of
Additional/Joint Commissioner of Customs and with the following members, namely,
Deputy/Assistant Commissioner of Customs in charge of the warehouse/disposal,
any other Deputy/Assistant Commissioner of Customs, Superintendent of Customs
in-charge of warehouse/disposal and any other Superintendent of Customs.
4.2. The functions of the Liquor Disposal Committee shall be to:
i. meet
as frequently as possible and necessary;
ii. conduct a detailed review of
seized/confiscated liquor pending disposal;
iii. order disposal of
seized/confiscated liquor; and
iv. advise the respective investigation
section/agency on the steps to be initiated for expeditious disposal of
seized/confiscated liquor.
4.3. The officer-in-charge of warehouse shall
prepare a list of all the seized /confiscated liquor that have become ripe for
disposal and submit it to the Chairman of the concerned Liquor Disposal
Committee. The Liquor Disposal Committee shall satisfy itself that the
consignments are ripe for disposal, shall endorse necessary documents and
thereafter that Committee shall physically examine and verify the lot size,
weight and other details of each of the seized/confiscated consignments and
record its findings’ in each case.
4.4. The nearest FSSAI office shall be
approached for sampling, testing and obtaining NOC for disposal of stock of
Liquor which is ripe for disposal.
4.5. Modes of disposal are as follows:
i. The stock of liquor for which NOCs from the nearest FSSAI office are
obtained shall be disposed of through e-auction inviting qualified bidders who
shall in turn comply with applicable state Excise Laws;
ii. If it is not
possible to obtain NOC from FSSAI for the reasons such as difficulty in sampling
due to small lot size, etc; such stock shall be destroyed.
4.6 If the
stock is to be destroyed in terms of Para 4.5 (ii) above, the procedure similar
to the one notified for destruction of Narcotics and Psychotropic Substances
(NDPS) as per the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2016, or
such rules notified by Department of Revenue from time to time, may be followed.
4.7. The Liquor Disposal Committee shall intimate the Principal Commissioner
of Customs or Commissioner of Customs regarding the programme of destruction at
least fifteen days in advance so that, in case he deems fit, he may either
himself conduct surprise checks or depute an officer for conducting such
surprise checks and after every destruction operation, the Liquor Disposal
Committee shall submit to the Principal Commissioner of Customs or Commissioner
of Customs a report giving details of destruction.
4.8 A Certificate of
destruction shall be prepared in triplicate and signed by the Chairman and
Members of the Liquor Disposal Committee. The format of the Certificate is given
at Annexure (copy enclosed). The original copy of the Certificate of destruction
shall be pasted in the Warehouse Register after making necessary entries to this
effect, the duplicate to be retained in the seizure case file and the triplicate
copy shall be kept by the Chairman of the Liquor Disposal Committee.
5.
The Chief Commissioners/Director Generals are hereby directed to circulate the
guidelines to all the formations under their charge. Difficulties, if any, in
implementation of the aforesaid guidelines may be brought to the notice of the
Board.
F.No. 394/43/2014-Commr.(Inv-Cus)
Yours Sincerely, (Suraj Kumar Gupta) Joint Commissioner
(Inv. — Cus) CBIC, New Delhi
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