9911796707
TMI Blog2022 (2) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... declaration made by the writ applicant that the goods imported is Naphtha. The DRI did not permit the writ applicant to clear the goods. The DRI thought fit to draw the samples of the goods for the purpose of getting them tested at the Laboratory. It is the case of the DRI that if the goods imported is not Naphtha then the same may be liable to be confiscated. It also appears from the materials on record that at one point of time the goods were cleared and ordered to be released by the respondent No.1 upon the writ applicant furnishing a bond of the amount equivalent to the value of the goods. The bond was also furnished, however, the DRI asked the Commissioner not to give effect to his order of release as the DRI wanted the samples to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia, the writ applicant has prayed for the following reliefs: a. Your Lordships may be pleased to issue Writ of Certiorari or Writ in the nature of certiorari quashing and setting aside the Letter dated 11.06.2021 (Annexure-V Colly), and Letter dated 03.06.2021 (Annexure-T) issued by the Respondent no.1 to the M/s Friends Salt Works and Allied Industries Kandla for holding of consignment of the said Cargo; b. Your Lordships may be declared that the Re-Test Report vide C. No.27-Cus/C-8/2021-22 dated 01.06.2021 Conducted by the CRCL, New Delhi in respect of the subject goods stored in M/s Friends Salt Works and Allied Industries Kandla is illegal, null and void and void ab-initio in the interest of justice c. Your Lordships ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... la should be declare as a valid test report on such terms and conditions that this Hon ble Court deems proper; h. That direction may be given to the Respondents to issue the Waiver certificate of the demurrage, detention and storage charges in rspect of the subject goods in the interest of justice; i. Pending the hearing and final disposal of the Special Civil Application, the petitioner may be allowed to reexport the subject goods without any condition as this Court may deem fit and proper in the interest of principle of natural justice; j. Pending the hearing and final disposal of the Special Civil Application, the petitioner may be permitted to clear the subject goods without any condition as this Court may deem fit and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Naphtha. It is the case of the writ applicant that the port of loading was at Oman and the port of discharge was to be at any Indian port. 5. The consignment reached the port at Kandla. The DRI expressed some doubt as regards the declaration made by the writ applicant that the goods imported is Naphtha. The DRI did not permit the writ applicant to clear the goods. The DRI thought fit to draw the samples of the goods for the purpose of getting them tested at the Laboratory. 6. As on date, there are not less than five test reports on record. The first test report of the sample drawn by the DRI certified that the sample is not Naphtha, but something else. Later all the test reports have certified the samples to be Naphtha. 7. It is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... With the aforesaid, this writ application stands disposed of. At this stage, Mr. Nankani made two fold fervent appeals. He made a request that the earlier bond, which was furnished by his client to the respondent No.1 should be returned as the writ applicant has now been asked to furnish a fresh bond. Let the first bond which was furnished by the writ applicant to the respondent No.1 be returned. The second request is that with passage of time, the goods must have suffered some wear and tear including evaporation being in a liquid form. He makes a request that the demurrage charges etc. may be waived. In the above regard, we permit the writ applicant to make such request to the respondent No.1. The respondent No.1 shall consider th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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