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TMI Blog2015 (12) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... t on 2.2.2002. Since the delivery order was misplaced, there was a delay in processing the clearance of the goods. On 19.2.2002, the Petitioner asked for duplicate copy of the delivery order from the Carrier and the same was issued. On 2.2.2002, the Bill of Entry was filed before the 1st Respondent for clearance of the goods, which was not processed on the ground of under valuation of the goods and the case was taken up for investigation. On 27.3.2002, the Petitioner sent a representation to the Deputy Commissioner of Customs, Group V B, Air Cargo Complex, along with evidence. However, the goods were not cleared on the ground that the investigation was going on. Again on 23.5.2002, the Petitioner sent a representation for granting waiver in respect of demurrage incurred. On 23.5.2002, the Bill of Entry was processed and the Petitioner paid Rs. 30,341/- as customs duty and other charges for clearance. However, the goods were not cleared on the ground that the investigation was not completed. b. The 2nd Respondent, by letter dated 14.6.2002 rejecting the request for waiver of demur rage, directed the Petitioner to clear the goods to avoid demurrage. In the mean time, the 1st Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods would be auctioned without further notice and this public notice is sufficient notice deemed as the final notice under Section 48 of the Customs Act. Therefore, the Petitioner cannot contend that he has no knowledge and that there was no notice served upon him before auctioning of the goods and hence, there was no need to send any individual notice. c. Though the Petitioner filed Bill of Entry on 2.2.2002 for the total assessable value of Rs. 34,115/- and paid duty of Rs. 29,000/- on 23.5.2002 and obtained pass out order on 23.5.2002, the Petitioner did not take any steps to clear the goods well before the auction date i.e. 28.6.2002. If any cargo on arrival not cleared within 5 days are liable for demurrage charges as per the Notification (Extraordinary Part III, Sec.IV) No.25, dated 26.6.1993 and demurrage charged will be collected at the time of clearance if not cleared within 30 days. Beyond this period, such cargo would be treated as pending cargo and the demurrage charges as applicable shall be collected. In such circumstances, this Writ Petition is liable to dismissed. 4. Heard both sides. 5. The learned counsel for the Petitioner contended that despite the Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26.6.1993, any cargo on its arrival, if not cleared within 5 calendar days from the date of landing is liable for demurrage charges and such demurrage charges would be collected from the consignee at the time of the clearance, if not cleared within 30 days. 10. The provisions of Section 48 deals with the, "Procedure in case of goods not cleared, warehoused or transhipped within thirty days after unloading", which reads as under:- "48. Procedure in case of goods not cleared, warehoused or transhipped within 1[thirty days] after unloading. - If any goods brought into India from a place outside India are not cleared for home consumption or warehoused or transhipped 2[within 3[thirty days]] from the date of the unloading thereof at a customs station or within such further time as the proper officer may allow or if the title to any imported goods is relinquished, such goods may, after notice to the importer and with the permission of the proper officer be sold by the person having the custody thereof: Provided that - (a) animals, perishable goods and hazardous goods, may, with the permission of the proper officer, be sold at any time; (b) arms and ammunition may be sold at such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requisition letter to your office along with the customs demurrage waiver detention certificate. In this connection, please refer to your letter No:AAM/CARGO/3140/2002/1149-50, dated 14.6.2002 stating that our waiver request is rejected due to no provision in your policy to consider such cases. The importer is not in a position to pay the demurrage charges and they are planning to request, customs to made the demurrage charges on behalf of the importer. In the meanwhile, we receive the letter from customs pending cargo section for dispose the consignment. Hence, we request you to kindly do not dispose the consignment until the further order received from the customs. Please do the needful." 16. From the above letter, it is clear that the agent of the petitioner was informed about the disposal of the consignment. 17. Thereafter, the second respondent had issued a 'Press Notice' in a English Daily, viz., "The Hindu", dated 19th June 2002, under the caption, "Notice of Disposal To the Importer for uncleared import consignments". A copy of the same is produced in the typed set of papers. "It is hereby notified to all importers including Govt. Undertakings/Departments and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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