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Issues:
1. Importation of volume controls by a firm under the Indian Partnership Act. 2. Refusal by the Assistant Collector of Customs to clear the imported components. 3. Confiscation of imported items and imposition of a penalty. 4. Requirement of a phased production program for import clearance. 5. Legality of the order of the Additional Collector. Analysis: The judgment involves a case where a firm, engaged in manufacturing electronic and electrical items, imported volume controls which were essential components for their products. The firm faced difficulties in clearing the imported components from the Customs authorities due to the refusal of the Assistant Collector of Customs. The Assistant Collector demanded a phased production program and small scale industries certificate for clearance, leading to a legal dispute. The firm sought a writ of mandamus to release the imported consignment, resulting in legal proceedings under the Customs Act, 1962. Regarding the grievances raised by the petitioner, the court highlighted two main issues. Firstly, the imported item fell under the Import Policy for the period 1980-81, allowing its import under open general license. The Additional Collector's order of confiscation and imposing a penalty was challenged by the firm, arguing that the import was permissible under the relevant policy. Secondly, the demand for a phased production program by the Assistant Collector was deemed legally unsupported by the court, as there was no official notification imposing such a requirement for import clearance. The judgment emphasized the legality of the Assistant Collector's order and the imposition of penalties. The Additional Collector's decision to confiscate the imported volume controls and levy a penalty on the firm was deemed unsustainable in law. The court criticized the Additional Collector for disregarding a previous court decision that deemed the requirement of a phased production program for import clearance as legally unenforceable. The judgment quashed the order of the Additional Collector and directed the release of the imported items to the firm within a specified timeframe upon payment of duty. Additionally, the court addressed the issue of demurrage incurred by the imported goods due to the delay caused by the legal dispute. The petitioner requested a no demurrage certificate to avoid liability for the additional charges. The court granted this relief as a consequential measure due to the circumstances of the case. Ultimately, the court ruled in favor of the petitioners, issuing a writ of mandamus for the release of the imported items and absolving the petitioners of any liability for demurrage charges.
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