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TMI Blog2019 (4) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... action of the aforesaid conditions, the consignments shall be released forthwith Waiver of Demurrage and Container Detention Charges - Held that:- In the light of Rule 6(1) of the Handling of Cargo in Customs Areas Regulations, 2009, which provides that the Customs Cargo Provider shall not, subject to any other law for the time being in force, charge any rent or demurrage on the goods seized or detained or confiscated by the Superintendent of Customs or Appraiser or Inspector of Customs or Preventive Officer or examining officer, as the case may be, there shall be a waiver of demurrage charges. Petition disposed off. - W.P.[MD]No.6739 of 2019 And W.M.P.[MD]No.5386 of 2019 - - - Dated:- 26-3-2019 - Mr. Justice Abdul Quddhose F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccording to the petitioner, similarly placed importers had filed writ petitions before the Principal Seat seeking for delivery of the cargo of green peas / yellow peas subsequent to the notification. By final orders passed in a batch of writ petitions in W.P.No.4403 of 2019 etc., batch on 27.02.2019, this Court directed the respondents to release the cargo of yellow peas / green peas if the bills of lading are dated on or before 30.12.2018. 4.It is the case of the petitioner that the bills of lading under which the cargo has been imported by them are both dated 29.12.2018 and therefore, the final order dated 27.02.2019 passed by the principal seat of this Court in a batch of writ petitions is also applicable to them. Despite bill of entr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yellow peas. According to him, he referred to paragraph No.11 and 12 of the said judgment and submitted that in the instant case, since the bills of lading are dated 29.12.2018, ie., after the notification date, the petitioner is not entitled for release of the cargo of green peas / yellow peas. 8.The learned Standing Counsel also referred to another decision of the Calcutta High Court, reported in 2019 (365) E.L.T. 273 (Cal.) in the case of Sanmarg Pct. Ltd., Vs. Union of India and submitted that the learned Single Judge of this Court while passing the order dated 27.02.2019, in a batch of writ petitions has referred to the aforesaid judgment but according to him, the said judgment deals with importing newsprints, whereas in the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... released forthwith. c)The authorities are at liberty to initiate proceedings in respect of the transactions in question and if done, the petitioners shall appear, be heard and file their submissions pursuant to which orders shall be passed by the authorities in accordance with law. d)The petitioners have also prayed for waiver of demurrage charges incurred in respect of the detained consignments. In the light of Rule 6(1) of the Handling of Cargo in Customs Areas Regulations, 2009, which provides that the Customs Cargo Provider shall not, subject to any other law for the time being in force, charge any rent or demurrage on the goods seized or detained or confiscated by the Superintendent of Customs or Appraiser or Inspector of Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tween importers when it is an admitted fact that similarly placed importers have already been able to obtain release of the cargo by virtue of the aforesaid order dated 27.02.2019 passed by the learned Single Judge of this Court. This Court is also inclined to grant an order in favour of the petitioner. 13.Accordingly, the respondents are directed to release the cargo of yellow peas / green peas to the petitioner imported by the petitioners under 2 bill of entries 1)2019529 dated 11.02.2019/ 2)2019530 dated 11.02.2019, on condition that the petitioner complies with the following directions: i)The petitioner will remit the entire duty component of the consignments imported by them where such duty is leviable along with a bank guarant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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