2013 (3) TMI 91 - HC - Customs

Release of goods - petitioner pressed for a direction to release the goods in the light of the test report, since it is pointed out that the detention of the goods is creating hardship, as the petitioner is now saddled with the liability to remit demurrage charges. Import Policy - The Indian Importers would have to apply to BIS for seeking a licence for each of the notified product he intends to import. Revenue directed to pass appropriate orders after hearing the petitioner within a period of two weeks from the date of production of a copy of this judgment.

Summary

Issues:
1. Direction to permit petitioner to clear goods for home consumption.
2. Testing of goods by a competent laboratory.
3. Detention of goods and remittance of demurrage charges.
4. Confiscation proceedings initiated and completion within a time frame.
5. Application of General Notes Regarding Import Policy for goods release.
6. Direction to the adjudicating authority for passing appropriate orders within two weeks.

Analysis:
1. The petitioner filed a Writ Petition seeking a direction to the respondents to allow the clearance of goods for home consumption covered by Exhibit P6. The Court, through an interim order, directed the testing of the goods in the Laboratory of the BIS at Chennai before finalizing adjudication proceedings.

2. The Standing Counsel for the respondents produced a test report, and the petitioner's counsel requested the release of goods based on the test report to avoid hardship due to detention and demurrage charges.

3. The respondents informed that confiscation proceedings had commenced, a show cause notice was issued, and a personal hearing granted. The Court suggested completing the proceedings within a specified time frame to address the issue raised by the petitioner regarding the General Notes Regarding Import Policy.

4. The General Notes Regarding Import Policy highlighted the process for importers to apply for a license for each product, with Customs clearing consignments for testing by BIS. The Court advised the petitioner to raise this matter before the adjudicating authority, the 3rd respondent, who was directed to finalize proceedings and issue appropriate orders within two weeks.

5. Consequently, the Court disposed of the Writ Petition, instructing the 3rd respondent to pass necessary orders after hearing the petitioner within the stipulated two-week period.