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2014 (5) TMI 1054 - HC - CustomsRelease and return of Containers Petitioner seeking direction upon Respondents to release and return 14 containers belonging to petitioner It was contended by Petitioner that Cargo has to be destuffed and empty containers have to be handed over to Petitioner Held that - such matters reflect lack of decision making on part of concerned Authorities It was open for Authorities to have arranged for storage of cargo and which is subject matter of investigation and adjudication and release empty containers In these circumstances court would highly appreciate all concerned taking early action and returning empty containers to Petitioner Court expect all concerned to take decision in terms of this order.
Issues:
1. Petition for the release of containers by the respondents. Analysis: The Writ Petition was filed seeking direction for the release and return of 14 containers to the Petitioners. The Petitioners, represented by Mr. Vernekar, expressed grievance over the delay in returning the empty containers, emphasizing that they have no concern with the cargo inside. The containers, property of the Petitioner, are held by the Central Warehousing Corporation, which claims difficulty in returning them due to ongoing adjudication of the cargo by Customs. Despite completion of adjudication and confiscation of the cargo, the containers remain detained, causing concern to the Petitioners. The Court acknowledged the Petitioners' contentions, criticizing the lack of decision-making by the Authorities and the prolonged detention of the containers. The Court emphasized the need for prompt action to return the containers to the Petitioners, directing all concerned parties, including the Customs Department, to take necessary steps before the next hearing date. The Court warned that failure to comply would result in summoning the officials for personal appearance. The matter was adjourned to 21st July, 2014, with a clear directive to follow the Court's order regarding the release of the containers.
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