9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (5) TMI 676 - HC - CustomsSeeking release of detained goods - prayer for waiver of container demurrage charges from the date of import till the date of actual physical release of the goods in terms of the detention memo - also seeking waiver of ground rent charges to permit the clearance of the goods - Import Policy of Watermelon Seeds - HELD THAT - In the facts and circumstances of the case, Rule, returnable on 17.8.2023. In the facts of the case when the custom authorities have issued no-objection certificate, prima facie case is made out for release of the goods. In that view, the competent custom authority is directed to release and facilitate the clearance of the goods of the petitioner - In the meantime, the respondent Nos.3 and 4, who are the private entities and claiming their charges against the petitioner, are not precluded from initiating civil action against the petitioner, if advised, to be dealt with in accordance with law and on its own merits.
Issues involved: Import of goods detained by custom authority, compliance with import policy conditions for watermelon seeds, detention charges and ground rent charges demanded by private entities, obstruction to clearance of goods, action against private entities, release and clearance of goods.
The petitioner, an importer of watermelon seeds, had their goods detained by the custom authority for investigation due to compliance issues with the import policy conditions. The investigation revealed that the goods were shipped in accordance with the policy, leading to the issuance of a no-objection certificate for clearance. However, private entities, namely the shipping agent and customs storage agent, demanded container detention charges and ground rent charges, obstructing the petitioner from clearing the goods. The petitioner sought relief from the court to waive the detention charges and ground rent charges imposed by the private entities and requested action against them for obstruction. Additionally, the petitioner requested the custom authority to facilitate the physical delivery of the goods for clearance. The court, considering the issuance of the no-objection certificate by the custom authority, directed the competent authority to release and facilitate the clearance of the goods. Furthermore, the court allowed the private entities to pursue civil action against the petitioner if they choose to do so, emphasizing that any such action should be in accordance with the law. The court set a returnable date for further proceedings in the case, acknowledging the need for a resolution in light of the facts and circumstances presented.
|
