2019 (7) TMI 1192 - HC - Customs

Import of Pigeon Peas i.e., Toor Dal - N/N. 19/2015-2020 issued by the Director General of Foreign Trade with regard to importability of said goods - release of seized goods - HELD THAT - If the importers, who are similarly placed qua writ petitioner, have got the benefit, this Court is of the considered view that writ petitioner herein is also entitled to the same benefit as no exceptional circumstances have been pointed out to say that this writ petitioner stands on a different putting and is not entitled to a similar relief. The instant writ petition is ordered directing the respondents, more particularly, the second respondent to release the writ petitioner's consignment of 'Toor Whole (Pigeon Peas)' imported by the petitioners, subject to writ petitioner paying 10% of the invoice value towards duty and furnishing bank guarantee for another 10% within a fortnight from the date of receipt of a copy of this order. Petition disposed off.

Summary

Issues:
1. Challenge to the notification regarding importability of goods
2. Release and issue of detention certificate for demurrage and container detention charges

Analysis:
1. Challenge to the notification regarding importability of goods:
The judgment pertains to a writ petition concerning the import of Pigeon Peas, also known as Toor Dal. The petitioner had imported a consignment of Pigeon Peas under a specific contract, and the issue revolved around a notification (No.19/2015-2020) by the Director General of Foreign Trade restricting the importability of such goods. The petitioner had previously challenged this notification in court, and an interim order staying the notification was granted. Subsequently, a final order in another case involving similar importers had neither reversed nor stayed the earlier order, allowing the release of goods and waiver of demurrage and container detention charges. The petitioner sought similar relief based on the previous order, and the court found no exceptional circumstances to deny the petitioner the same benefit.

2. Release and issue of detention certificate for demurrage and container detention charges:
The judgment directed the respondents, particularly the Customs Department, to release the petitioner's consignment of Pigeon Peas under specific conditions. The petitioner was required to pay 10% of the invoice value as duty and furnish a bank guarantee for another 10% to cover potential adjudication proceedings. The court ordered the release of the consignment and the issuance of necessary detention certificates for demurrage and container detention charges within a specified timeframe. The judgment concluded by stating the terms of the order, with no costs imposed on either party.

In summary, the judgment addressed the challenge to a notification affecting the import of goods and the subsequent release of a consignment with specific conditions regarding duty payment and bank guarantee, emphasizing the application of previous court orders in similar cases to grant relief to the petitioner.