2021 (3) TMI 740 - HC - Customs

Seeking for suspension or revocation of the approval - customs cargo service provider - Regulation 11 of the Handling of Cargo in Customs Areas Regulations, 2009 - import of restricted item - HELD THAT - By an order dated 09.10.2020, this Court merely directed the 1 st respondent to file report on the action taken based on the representation dated 11.08.2015 of the petitioner against the 2nd respondent. On the other hand, the so called compliance report dated 10.11.2020 of the 1 st respondent seems to indicate that action has been taken pursuant to a direction of this Court dated 09.10.2020. It is not clear on what basis the 1st respondent has issued the said Show Cause Notice to the 2nd respondent - Petition closed.

Summary

Issues:
1. Mandamus for suspension or revocation of approval given to customs cargo service provider.
2. Confiscation of imported goods without license.
3. Reduction of redemption fine and penalty on appeal.
4. Waiver of detention and demurrage charges for charitable organization.
5. Dispute over compliance with customs regulations and waiver of charges.
6. Appeal against non-waiver and judicial decisions on storage and demurrage charges.
7. Compliance report and show cause notice issued by the 1st respondent.

Analysis:
1. The petitioner sought a mandamus for the suspension or revocation of approval given to the 2nd respondent as a customs cargo service provider. The petitioner had imported goods without a license in 2013, leading to confiscation orders under the Customs Act. The Commissioner of Customs (Appeals) later modified the redemption fine and penalty amounts, also waiving detention and demurrage charges for the petitioner, considering it a charitable organization unable to afford such charges.

2. A subsequent appeal by the petitioner led to a directive for compliance by the 2nd respondent with the Commissioner of Customs (Appeals) orders. However, the 2nd respondent concluded that the petitioner had not complied with Customs Act provisions and could not claim waiver of charges as a right, especially after confirmed violations. The High Court upheld the decision, stating no factual or legal justification for the waiver and ordering payment of incurred charges.

3. The 1st respondent issued a compliance report and a show cause notice to the 2nd respondent, following a court directive. The 2nd respondent argued that the petitioner's previous petition had been addressed, and the current writ was misconceived. The Court noted discrepancies in the 1st respondent's actions and clarified that its previous order only required a report, not a show cause notice. The Court closed the writ petition, allowing the 2nd respondent to challenge the notice or participate in the proceedings.

This detailed analysis covers the issues raised in the legal judgment, outlining the sequence of events, decisions made by the authorities, and the Court's final directives and clarifications.