2022 (12) TMI 1302 - HC - Customs

Illegal detention of consignment of the petitioner of dry dates imported vide Home Consumption Bill of Entry - HELD THAT - Considering the fact that the respondent No.3 has no objection to the release of the detained goods subject to the decision of this Court, in wake of the the Country of Origin Certificate of the consignment being genuine, the respondent No.3 has not found it necessary for any further evidence to be adduced for continuing this detention. In wake of that there will be no requirement for the Court to further adjudicate upon any of these aspects. This petition, is, therefore, disposed of as having become infructuous. Petition dismissed.

Summary

Issues:
Challenge to illegal detention of consignment of dry dates imported, Detention Memo without authority of law, Request for quashing Detention Memo, Refund of charges paid, Stay on implementation of Detention Memo, Ex-parte ad-interim relief, Award of costs, Additional orders deemed just and expedient.

Analysis:
The petitioner challenged the respondent's action of illegally detaining the consignment of dry dates imported, citing the Detention Memo issued without authority of law. The Court issued a notice and considered the prayers for relief, including declaring the search and detention as illegal, quashing the Detention Memo, and refunding charges paid. The petitioner sought a stay on the implementation of the Detention Memo and the release of the consignment during the petition's pendency. The Court granted ex-parte ad-interim relief and considered awarding costs and other just orders.

The petitioner's counsel argued that no reasons were provided for the detention, despite payment of the basic duty. They highlighted the lack of notice or documents from the respondent before the detention occurred. The Court issued a notice returnable on a specified date and permitted direct service through e-mode for communication purposes.

The respondent's counsel presented a communication detailing instances of customs duty evasion involving dry dates imports from Pakistan. The investigation implicated a partner of the petitioner's firm in a significant duty evasion case. However, based on the submission of required documents and the genuineness of the Country of Origin certificate, the respondent had no objection to releasing the detained goods, subject to the Court's decision. The Court noted the lack of necessity for further evidence due to the genuine certificate and the respondent's no objection stance, leading to the disposal of the petition as infructuous.

In conclusion, the Court found the detention unnecessary based on the genuine Country of Origin certificate and the respondent's no objection stance, leading to the disposal of the petition. The communication regarding customs duty evasion and the subsequent submission of documents played a crucial role in resolving the issue. The Court's decision highlighted the importance of proper documentation and compliance in import-related matters to avoid unwarranted detentions.