finished goods was recoded which was found tallied with the available stock register except in the case of raw material "Saffron". No record of physical stock register lying in the factory was being maintained by the importer. The physical stock of "Saffron" lying in the factory was found 40 Kgs only. Further, on the request of the importer vide letter dated 23.01.2017, stock verification of the goods lying in the laboratory was conducted and quantity of saffron weighing 14.980 Kgs was found, thus totaling the physical stock of "Saffron" as 54.980 Kgs including the stock found on 10.01.2017. Shri. D.P.Dayama, Factory Manager of the importer, during his statement on 25.01.2017 further informed that the quantity of 20 Kgs of "Saffron" is lying in the Fridge of GM Room. However, it is on record that during the stock taking done on 10.01.2017 and 23.01.2017, entire unit premises in the presence of independent witnesses as well as representative of the importer i.e Sh. D.P. Dayama was searched but no such stock of 20 Kgs "Saffron" was found lying in the fridge as was being incorrectly claimed by Sh. Dayama. As proper stock register in respect of saffron was not being maintained, so to determine the correct book balance of Saffron, purchase and consumption data for the last five years was analysed, and the raw material "Saffron" was found short of 37.34 Kg valuing Rs.38,92,023/- on which Customs duty came to Rs. 14,06,421/- liable to be recovered in terms of Section 30 of SEZ Act, 2005, read with Rule 25, 34,47(4) and 48(2) of SEZ Rules, 2006 and read with Section 28 of the Customs Act, 1962, along with applicable rate of interest under section 28AA of Customs Act, 1962. Since the goods i.e. saffron was found short and were unlawfully removed from SEZ hence were liable for confiscation under Customs Act, 1962, hence I uphold the confiscation & Redemption Fine.
