1986 (7) TMI 99 - HC - Customs

Summary

Issues: Determination of entitlement to detention certificate period for imported goods; Delay in examination of goods by Customs Authorities; Request for detention certificate for all bills of entry filed; Failure of Customs Authorities to respond to petitioner's request; Department's inability to trace case papers; Allegation of bills of entries being taken back by petitioners.

Analysis:
The judgment revolves around the issue of determining the period for which the petitioners are entitled to receive detention certificates from the Customs Authorities for their imported goods. The petitioners had secured a license for import of alloy steel scrap and filed three bills of entry in May 1980. However, the Customs Authorities delayed the examination of the goods until October 1980, causing the goods to be left unattended. The Appraiser Group's report stated that the goods were in serviceable condition, but an independent authority failed to re-examine the goods promptly despite reminders from the petitioners.

The petitioners requested detention certificates for all three bills of entry, covering the period from the arrival of goods in May 1980 to the clearance date in August 1981. The Customs Authorities issued detention certificates for two bills of entry but failed to respond to the request for the third bill of entry. The petitioners filed a petition in June 1982 seeking the issuance of the remaining detention certificate.

During the hearing, the learned Counsel for the petitioners argued that the delay in examination by the Customs Authorities should not penalize the petitioners with demurrage charges. The court agreed with the petitioners, stating that the detention certificate should cover the period from the arrival of goods in May 1980 until the clearance date in August 1981 for all three bills of entry.

The Department's Counsel sought an adjournment citing the unavailability of case papers, but the court denied the request due to previous adjournments for the same reason. The court criticized the Department's delay in handling the case and emphasized that the inability to trace papers cannot indefinitely postpone the proceedings.

The Department's submission that the goods were not examined due to the petitioners taking back the bills of entries was dismissed by the court, as it lacked supporting evidence. Ultimately, the court ruled in favor of the petitioners, directing the Customs Authorities to issue the remaining detention certificates promptly for all bills of entry within four weeks from the judgment date, without imposing any costs on either party.