Customs seize $220,000 in alcohol

Madame Justice Mira Dean-Armorer, presiding in the Port-of-Spain Third Civil Court, yesterday granted leave to Tamash Enterprises Ltd, resulting from an ex-parte application by attorney Kel-vin Ramkissoon.

Indarjeet Rambarransingh, managing director of Tamash, said in an affidavit that his company took a decision in March to import two consignments of liquor products from Florida for sale and consumption at South Sea Restaurant at Duncan Village, San Fernando. The first consignment consisted of 40 cases of Johnnie Walker Black, and 40 cases of non-alcoholic wine. The second consignment consisted of 117 cases of Absolut Vodka, 48 cases of Johnnie Walker Black, 112 cases of Absolut Vodka, and 120 cases of Johnnie Walker Black.

Rambarransingh, who holds dual citizenship with Trinidad and Tobago and the United States, left for the US on March 21 and returned seven days later. On April 10, he left for Hong Kong and returned to Trinidad on April 29. On his return, Rambarransingh inquired about his two consignments from his Customs broker. He then contacted Customs and Excise officer Bernard Samad, who told him ‘‘there was something wrong with my shipment of goods.’’

Rambarransingh said he visited the Customs offices the next day and found out that his shipment of goods had been seized because of an error made to the documents. He immediately called his suppliers in Florida and the error was corrected.

Rambarransingh said despite the correction of the error, he was told that he could enter a plea of guilt on an internal Customs document, mitigate his circumstances before the Comptroller and be fined up to $600,000 (three times the value of the goods).

He was also told that if he did not agree, he could be taken before the courts. Rambarransingh said the company committed no breach of law and, therefore, there was no reason to plead guilty.

He contended that he was never given an opportunity to make representations to Customs before the goods were seized.

Rambarransingh said the seized goods were valued at US$35,299 (TT $220,030). He said the goods were ordered in time for several parties, weddings and other social functions carded for May and June at South Sea Restaurant.

Had the goods not been seized, Rambarransingh said he would have made $150,000 profit. "I have lost the opportunity to sell the liquor," he pointed out in the affidavit.

Tamash is asking the court for a declaration that the seizure of the goods was illegal and in breach of the principles of natural justice.

The company also wants an order quashing the decision of the Comptroller of Customs, as well as damages.