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TMI Blog2021 (6) TMI 959X X X X Extracts X X X X X X X X Extracts X X X X ..... or orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. AJMAL KHAN, Senior Counsel for M/S.AJMAL ASSOCIATES for the petitioner and of Mr. B. VIJAYA KARTHIKEYAN, Central Government Standing Counsel on behalf of the Respondents, While admitting the Writ Petition, the court made the following order:- The petitioner has filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts on 03.05.2021. Those documents have also been submitted. The petitioner are forced to pay heavy detention charges to the shippers. The pepper is an agricultural product, which is likely to be spoiled in humid conditions. The prolonged retainment will spoil the goods. The respondents have a statutory duty under Section 47 of the Customs Act to release the goods. The black pepper was purchased fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al agriculturist. The petitioner can preserve the goods in government warehouse for a lower rate. It is the fault of the petitioner to keep the goods unloaded and paying demurrage charges. 4.New Ceylon Spice Export Private Limited, Srilanka, is one of the eight sellers from whom the present petitioner has purchased the goods. A copy of the statement recorded by the DRI, Bangalore from one Shri Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DRI, Bangalore to the present case cannot be decided in this petition. The consignment is pepper, which is an agricultural product. Keeping the products unloaded and making the petitioner to pay demurrage charges is of no use to both the parties. Keeping the consignment in Government warehouse may lead to spoilage of the agricultural products. 7.In the above circumstances, this Court is inclined ..... X X X X Extracts X X X X X X X X Extracts X X X X
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