Custom Act, 1962
45.
Restrictions on Custody and Removal of Imported Goods. –
(1)
Save as otherwise provided in any law for the time being in force, all imported
goods unloaded in a customs area shall remain in the custody of such person as
may be approved by the Commissioner of Customs until they are cleared for home
consumption or are warehoused or are transhipped in accordance with the
provisions of Chapter VIII.
(2)
The person having custody of any imported goods in a customs area, whether
under the provisions of sub-section (1) or under any law for the time being in
force,
(a) shall keep a record of such goods and send a copy thereof to the
proper officer;
(b) shall not permit such goods to be removed from the customs area or
otherwise dealt with, except under and in accordance with the permission in
writing of the proper officer.
(3)
Notwithstanding anything contained in any law for the time being in force, if
any imported goods are pilfered after unloading thereof in a customs area while
in the custody of a person referred to in sub-section (1), that person shall be
liable to pay duty on such goods at the rate prevailing on the date of delivery
of an import manifest or, as the case may be, an import report to the proper
officer under section 30 for the arrival of the conveyance in which the said
goods were carried.