2019 (7) TMI 1253 - HC - Customs

Review petition - release of seized goods - demurrage/ detention charges - HELD THAT - The orders dated 19th September, 2018 and 29th October, 2018 are hereby recalled. W.P.(C) No. 9863/2018 together with the CM No. 45169/2018 filed in the said writ petition are restored to file.

Summary

Issues:
Review of two orders regarding demurrage/detention charges and goods release. Applicability of Supreme Court judgments on demurrage charges. Liability for demurrage/detention charges - importer or Customs Authorities.

Analysis:
The High Court considered two review petitions filed by the Customs Department and the Directorate of Revenue Intelligence (DRI) seeking a review of two orders. The first order directed the release of goods to the Petitioner with demurrage/detention charges to be borne by the Customs Department. The second order required the Customs Authorities and the DRI to deposit a sum with the warehousing agent. The Court noted the Supreme Court's decision in Mumbai Port Trust v. Shri Lakshmi Steels regarding demurrage charges, which had not been considered initially. Additionally, reference was made to another Supreme Court order setting aside a similar order by the High Court, remanding the matter for fresh consideration on the liability for demurrage/detention charges between the importer and Customs Authorities.

The High Court acknowledged the need to examine the applicability of the law explained in the Mumbai Port Trust case to the facts of the present case. Consequently, the Court recalled the orders dated 19th September, 2018, and 29th October, 2018. The writ petition was restored to the file, and both review petitions were disposed of accordingly. The case was listed before the roster Bench for further proceedings, with directions for the Respondents to file their replies within a specified timeline.

Regarding the release of goods and payment of demurrage/detention charges, the Court clarified that these actions would be subject to the final orders in the writ petition. The application related to these matters was disposed of accordingly. The judgment emphasized the importance of considering relevant legal precedents and ensuring a thorough examination of the law in determining liability for demurrage/detention charges in the case at hand.