2013 (1) TMI 741 - HC - Customs

Denial to release the consignment - Consignment to be shipped to Nepal - Held that - The consignment has not yet been released possibly since the Officer-in-Charge of the concerned police station has not yet given no objection to release of the consignment in question. There are apparently no materials to show that the petitioner had removed the cartons in question. The cartons were stolen from the port area. The theft took place on or about 25th August 2012. Over four and a half months have elapsed. The police authorities have had sufficient time for investigation. In the absence of any finding of any complicity of the petitioner in the theft there could be no question of detaining the rest of the cartons. Nor could the petitioner have been called upon to get no objection from the police. - Customs authorities are directed to release the goods in question for onward journey to Nepal - Decided in favour of appellant.

Summary

Issues:
Alleged refusal to clear goods at Kolkata Port for onward journey to Nepal due to pilferage from the container.

Analysis:
The petitioner, a citizen of Nepal engaged in import-export business, faced refusal by authorities to clear goods shipped from Singapore to Kolkata Port for transit to Nepal. The consignment of small cardamom was unloaded at Kolkata Port, but 40 cartons were found stolen from the container. Despite the petitioner's requests for release, delays occurred due to formalities post-pilferage incident. The Assistant Commissioner of Customs sought a no objection certificate from the police department before releasing the consignment, leading to prolonged detention.

The Court directed the Customs authorities to release the goods for transit to Nepal, emphasizing compliance with all legal formalities and payment of applicable costs. The authorities were instructed to ensure the goods reach Nepal and not remain in the country for sale. The release was mandated within a week, subject to meeting all requirements, including payment of charges. The Court refrained from determining any loss or damages suffered by the petitioner, leaving it open for future legal action by the petitioner.

In conclusion, the Court disposed of the writ application, providing relief to the petitioner by ordering the release of the consignment. The judgment highlighted the importance of legal compliance and timely action by the Customs authorities, while also preserving the petitioner's right to seek redress for any losses incurred. The decision aimed to facilitate the smooth transit of goods to Nepal while upholding the rule of law and ensuring proper procedures are followed.