2019 (4) TMI 1729 - SC - Customs

Detention of goods - grievance of appellant is essentially that even if the reassessment had been completed that did not result in deciding the issue as to whether the initial action of detention of the goods was legal and proper - HELD THAT - Without expressing any opinion on the merits of the contention, we deem it appropriate to relegate the parties before the High Court by restoring the Writ Petition to its original number for reconsideration on all aspects. The impugned order is set aside - appeal allowed.

Summary

Issues:
- Appeal against the order dated 16.10.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 10018 of 2018.
- Reassessment completion without deciding the legality of initial goods detention.
- Relief period granted and liability for demurrage.
- Impugned order not addressing all relevant aspects.
- Relegation of parties before the High Court for reconsideration.

Analysis:
The Supreme Court heard cross-appeals against the High Court's order dated 16.10.2018 in Writ Petition (C) No. 10018 of 2018. The first appeal (SLP No. 33633 of 2018) raised the issue that the reassessment did not address the legality of the initial detention of goods. The appellant argued that the relief granted only covered a specific period, leaving the question of demurrage liability for the earlier period unanswered. The Court acknowledged this concern and highlighted the need to determine the legality and propriety of the initial detention beyond the reassessment period.

The Additional Solicitor General representing the appellant in the companion appeal contended that the impugned order failed to address all relevant aspects, particularly the importer's liability. While refraining from expressing a view on the merits of this argument, the Court decided to remand the case back to the High Court for a comprehensive reconsideration of all aspects. Consequently, the Supreme Court set aside the impugned order and directed the parties to approach the High Court for a fresh examination of the writ petition.

In conclusion, the Supreme Court allowed the appeals, emphasizing the need for a thorough review of the case by the High Court to address all outstanding issues comprehensively. The decision to relegate the parties for reconsideration signifies the Court's commitment to ensuring a complete and fair assessment of the matter, including the legality of goods detention and the importer's potential liability.