2005 (9) TMI 113 - HC - Customs

Summary

Issues Involved:
1. Non-clearance and auction of imported goods.
2. Alleged illegal and arbitrary actions by the custodian and Customs Department.
3. Compliance with statutory provisions for auction sale.
4. Entitlement to compensation for the auctioned goods.
5. Proper procedure for refund of balance after auction.

Detailed Analysis:

1. Non-clearance and auction of imported goods:
The petitioner, a Proprietary Engineering concern, imported "CNC Controller Packages" from Germany. The consignment arrived in India on 26-12-2000 and was stored with the 1st respondent, M/s Mysore Sales International Limited, acting as a custodian under Section 45 of the Customs Act, 1962. Despite paying the assessed duty on 26-3-2001, the petitioner discovered that the goods had been auctioned on 23-3-2001 and delivered to the auction purchaser on 27-3-2001, preventing the petitioner from clearing the goods.

2. Alleged illegal and arbitrary actions by the custodian and Customs Department:
The petitioner claimed that both the custodian and Customs Department officials acted illegally and arbitrarily. The petitioner argued that after paying for the goods and the duty, they were deprived of the goods due to the custodian's rash and pre-emptive actions. The petitioner sought relief from the court for the non-delivery of the goods.

3. Compliance with statutory provisions for auction sale:
The petitioner contended that the auction sale did not comply with Sections 46, 47, and 48 of the Customs Act, which require proper notice to the importer before auctioning the goods. The petitioner argued that no valid notice was given under Section 48 read with Section 153, which mandates notice by registered post. The petitioner maintained that the auction sale was invalid and sought compensation equivalent to the value of the goods.

4. Entitlement to compensation for the auctioned goods:
The court noted that determining compensation involves investigating when the petitioner became the owner of the goods and the implications thereof. The court observed that even a true owner is entitled only to the balance amount after deducting auction expenses and statutory dues. Therefore, issuing a writ for the payment of a specific sum was deemed inappropriate. However, the petitioner was entitled to the balance amount under Section 150 of the Customs Act if ownership was proven.

5. Proper procedure for refund of balance after auction:
The court directed the respondents to refund the balance amount to the petitioner after deducting auction expenses, as per Section 150 of the Customs Act. The court emphasized the need for the Customs Department to improve its procedures and ensure that bona fide importers are not harassed. The Commissioner of Customs was instructed to investigate the auction process and take corrective measures if necessary.

Conclusion:
The court concluded that while a writ of mandamus for a specific sum could not be issued, the petitioner was entitled to the balance amount after auction expenses. The petitioner was advised to pursue any further claims in a civil court. The court also highlighted the need for the Customs Department to improve its auction procedures to prevent harassment of bona fide importers.