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TMI Blog2018 (11) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... l be kept along with seized materials in the Container Freight Station. If at all, rent is payable it shall be collected from importer or exporter and not from the container owner. Since, he leased out the container, he is entitled to rent for the usage of empty container and not more. He cannot be construed to be the owner of goods or the container was kept in the Container Freight Station at his instance. This Court in a similar circumstance, in M/s.Trans Asian Shipping Services (P) Ltd., [2016 (10) TMI 669 - MADRAS HIGH COURT] held that the containers were detained by the Department for investigation and have been kept in the respective container freight stations, the Customs Department/Directorate of Revenue Intelligence shall also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Cargo, which was seized was confiscated by the respondents 2 to 4. However, the petitioner sought for release of their empty container after de-stuffing the cargo. 4. The fifth respondent refused to release the container on the ground that the demurrage for the period in which it was kept in the Container Frieght Station shall be paid by the petitioner. If it is not paid, the container cannot be released. Hence, the writ petitioner is before this Court. 5. On notice, the respondents 2 to 4 filed a counter affidavit stating that the materials in the container were Red Sanders, which was prohibited item and it was attempted to be exported to Maldieves. The goods were seized and direction was issued to the fifth respondent to de-stuf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontainer Freight Station at his instance. 9.This Court in a similar circumstance, in W.P.(MD) Nos. 4358 and 4836 of 2015 dated 20.07.2016 in the case of M/s.Trans Asian Shipping Services (P) Ltd., Rep. by its Branch Manager Vs. C oncor Container Freight Station, Chennai 19 and4 others held that the containers were detained by the Department for investigation and have been kept in the respective container freight stations, the Customs Department/Directorate of Revenue Intelligence shall also endeavour to assist the respective container freight stations for recovery of the rent due and payable. As the importer has been found guilty, they could be made liable for payment of rental dues and not the container owner. 10. The second and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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