1989 (1) TMI 139 - HC - Customs

Customs - Clearance of goods for home consumption - Detention of goods - Duty, penalty and fine paid

Issues Involved:
1. Legality of the denial of clearance of one consignment despite full payment of duty, fine, and penalty.
2. Validity of the demand for simultaneous clearance of both consignments.
3. Justification of the storage and insurance charges demanded.
4. Applicability of Sections 49 and 59 of the Customs Act, 1962.
5. Actionable conversion due to the detention of goods.

Issue-wise Detailed Analysis:

1. Legality of the Denial of Clearance:
The petitioner paid a total sum of Rs. 65,836.82 on 5-8-1988 towards duty, fine, and penalty for the consignment covered by bill of entry No. 201 dated 16-4-1986. Despite this, the Customs Authority denied clearance of the consignment. The court held that "none of the provisions of the Act disclose any power or authority reserved with the respondents to withhold a consignment notwithstanding the payment of duty, fine and penalty levied in respect of the same." The court emphasized that "the moment the amount is paid by the petitioner and accepted by the competent authority, the respondents are divested of the right of detention of the goods," making the continued detention illegal.

2. Validity of the Demand for Simultaneous Clearance:
Respondent-3 insisted that both consignments must be cleared together, which the petitioner contested. The court found this demand "amounts to unjustified refusal of release of the consignment in question." It was ruled that the insistence on clearing both consignments together was not legally warranted, and such a condition imposed by the respondents was deemed "illegal and arbitrary."

3. Justification of Storage and Insurance Charges:
Respondent-4 demanded Rs. 8,817.60 for storage charges and Rs. 1,491.60 for insurance charges. The court noted that the petitioner was entitled to the release of the consignment upon payment on 5-8-1988, and thus, the demand for storage charges up to 25-10-1988 was "neither fair, nor reasonable." The court ruled that the demand notice under Annexure-D was unsustainable insofar as the consignment for which the charges had been paid was concerned. However, the respondents retained the right to recover charges for the consignment not yet paid for.

4. Applicability of Sections 49 and 59 of the Customs Act, 1962:
The court clarified that Section 49, which allows for storage of goods pending clearance, was applicable to the case, not Section 59, which pertains to warehousing. Section 49 states that "the goods may, pending clearance, be permitted to be stored in a public warehouse," and such goods "shall not be deemed to be warehoused goods for the purposes of this Act." The court rejected the respondents' contention that Section 59 was applicable.

5. Actionable Conversion Due to Detention of Goods:
The court found that the respondents' continued detention of the consignment, despite full payment, amounted to actionable conversion. Citing legal principles, the court stated, "Once the duty, penalty and fine have been paid, the respondents in the instant case have no lien over the goods detained by them." The refusal to release the goods was deemed an assertion of a right inconsistent with the petitioner's dominion over the goods, constituting an act of conversion.

Conclusion:
The writ petition was allowed. The impugned order under Annexure-B and the demand under Annexure-D were quashed. The court granted the petitioner the right to recover storage and insurance charges only for the consignment covered by bill of entry No. 317 dated 16-6-1986. Additionally, the respondents were ordered to pay costs of Rs. 1,000/- to the petitioner for unjustifiable detention of the consignment.

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