1994 (10) TMI 71 - HC - Customs

Summary

Issues Involved:
1. Detention of Goods by Customs Authorities.
2. Liability for Demurrage, Ground Rent, and Container Charges.
3. Entitlement to Compensation/Damages and Interest.
4. Validity of Second Adjudication Proceedings.
5. Application of Doctrine of Restitution.

Detailed Analysis:

1. Detention of Goods by Customs Authorities:

The petitioner imported polyester fabric against a duty-free advance import license and sought duty-free clearance. Customs authorities seized the goods for misdeclaration under Section 110 of the Customs Act, 1962. The Assistant Collector of Customs adjudicated the matter, confiscated the excess goods, and allowed redemption on payment of a fine and penalty. The petitioner complied, but the goods were not released. The court found that the customs authorities were not justified in detaining the goods after the petitioner complied with the adjudication order dated January 10/15, 1991.

2. Liability for Demurrage, Ground Rent, and Container Charges:

The petitioner sought a waiver of demurrage, ground rent, and container charges. The court held that the customs authorities were responsible for these charges from January 10/15, 1991, as the detention of goods was unjustified after the petitioner complied with the adjudication order. The petitioner was only liable for charges up to January 10/15, 1991. The court cited precedents (Trishul Impex, Sundeep Industries, Sewing Systems Pvt. Ltd.) supporting that customs must bear the charges when detention is unjustified.

3. Entitlement to Compensation/Damages and Interest:

The petitioner claimed compensation for business loss and interest due to wrongful detention. The court held that such claims require evidence and are not suitable for writ proceedings. The petitioner was advised to pursue a civil suit for these claims.

4. Validity of Second Adjudication Proceedings:

A second show cause notice was issued, and a fresh adjudication order was passed on February 25, 1991, without considering the petitioner's reply. This order was set aside by the Division Bench on January 6, 1993. The Collector of Customs, in a fresh adjudication on October 22, 1993, upheld that the second show cause notice was without jurisdiction, as the earlier adjudication on January 10/15, 1991, had acquired finality. The court supported this view and found the second adjudication proceedings null and void.

5. Application of Doctrine of Restitution:

The court applied the doctrine of restitution, holding that the customs authorities must restore the goods to the petitioner without additional liability for demurrage and other charges after January 15, 1991. The court emphasized that the petitioner should not suffer due to the customs' wrongful act. The principle of restitution was discussed in detail, referring to various case laws and the inherent power of courts to order restitution.

Conclusion:

The customs authorities were directed to release the goods forthwith upon payment of charges by the petitioner up to January 15, 1991, and by the customs authorities thereafter. The court also directed the appearance of the Assistant Director, DRI, to explain discrepancies in the statements made regarding test reports. The writ petition succeeded to the extent indicated, with costs awarded to the petitioner.