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TMI Blog2012 (7) TMI 448X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on payment of redemption fine and penalty – Held that:- Demurrage charges and other incidental charges for goods detained in the customs area are required to be paid by the exporter consignor even if such goods were illegally detained - delay in redemption and re-export till date has been entirely caused on account of the appellants filing appeals first before the lower appellate authority and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents to be re-exported on payment of redemption fine and penalty. The appellants have not challenged the confiscation of the goods or the order for re-export on payment of redemption fine and penalty. They had filed an appeal before the lower appellate authority for waiver of the demurrage and detention charges. The lower appellate authority has rejected the appeals holding that the Customs depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o bear demurrage and detention charges. 4. Ld. Advocate has also further contended that under Section126 of the Customs Act, 1962, the confiscated cargo vests with the Central Government and therefore the Customs department should bear the demurrage and detention charges. This contention of the ld. Advocate is also not acceptable. The said section 126 merely states that after confiscation of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the lower appellate authority has rightly relied on the above cited decisions of the Hon ble Supreme Court. In the case of Grad Slam (supra), the Hon ble Supreme Court has held that even if the goods are detained for no fault of the importer, demurrage charges are payable by the importers to the custodian of the cargo namely, Port Trust/IAAI/CWC etc. In the other cited case of Nagavedu Lungi (s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the lower appellate authority and then before the Tribunal. It would be in the interest of the appellants that they pay the redemption fine and penalty and re-export the impugned goods at the earliest so as not to increase their burden on demurrage and detention charges further as we find no merit in their appeals. All the three appeals are dismissed. (Operative part of the order pronounc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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