1987 (12) TMI 42 - HC - Customs

Summary

Issues Involved:
1. Validity of the Detention Certificate issued by the Customs Authorities.
2. Liability to pay demurrage charges.
3. Interpretation of ITC formalities and their impact on demurrage charges.
4. Applicability of Section 49 of the Customs Act.
5. Authority and discretion of the International Airport Authority in waiving demurrage charges.

Issue-wise Detailed Analysis:

1. Validity of the Detention Certificate issued by the Customs Authorities:

The petitioners imported Haemodialyser Accessories under an Open General Licence, which was initially disputed by the Customs Authorities, leading to a show cause notice under Section 124 of the Customs Act. The Customs Authorities later withdrew the show cause notice and issued a Detention Certificate, stating the goods were covered by Item No. 21 of List No. 2 of Appendix 6 of the Import & Export Policy, 1985-88. The court noted that the Detention Certificate was issued in accordance with the clarifications from the Director General Health Services.

2. Liability to pay demurrage charges:

The petitioners contended that respondent No. 1 should release the goods without demurrage charges based on the Detention Certificate. Respondent No. 1 argued that demurrage charges could not be waived as the delay was due to a dispute over tariff classification, not ITC formalities. The court held that respondent No. 1, being a statutory body, must follow its rules and regulations but cannot act arbitrarily. The court concluded that respondent No. 1 must waive 80% of the demurrage charges as per its directives when the delay is due to ITC formalities.

3. Interpretation of ITC formalities and their impact on demurrage charges:

The court examined whether the delay was due to ITC formalities or tariff classification. It was determined that the delay arose from a bona fide dispute regarding the import licence requirements, which falls under ITC formalities. Therefore, the reason given in the Detention Certificate was valid, and respondent No. 1 was bound to waive the demurrage charges to the extent of 80%.

4. Applicability of Section 49 of the Customs Act:

Respondent No. 1 argued that the petitioners should have opted to transfer the goods to a public or private warehouse under Section 49 of the Customs Act to avoid high demurrage charges. The court held that the petitioners' failure to exercise this option does not negate their right to a waiver of demurrage charges if they are legally entitled to it.

5. Authority and discretion of the International Airport Authority in waiving demurrage charges:

The court reviewed the International Airport Authority Act and concluded that respondent No. 1 has the authority to waive demurrage charges in deserving cases as per its regulations. The court emphasized that respondent No. 1 must act within its statutory framework and cannot arbitrarily refuse to honor the Detention Certificate issued by the Customs Authorities.

Conclusion:

The court allowed the writ petition, quashing the impugned order of respondent No. 1 and directing the release of the goods after waiving the demurrage charges in accordance with its directives for the period mentioned in the Detention Certificate and the subsequent period until the release of the goods. The parties were directed to bear their own costs.