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TMI Blog2022 (4) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... ulations wherein under Regulation 11 provides for action being taken for suspension of operations or revocation of registration of an authorised carrier. In the 2019 Regulations under Regulation 11 similar power has been provided. It is not for this Court to inform the respondent/department as to what the powers are under the statutory regulations. It is found that CFS and the shipping line are not parties to this application - liberty granted to the petitioner to take appropriate steps in this regard - List this matter on 11th March, 2022. - CC/8/2022 - - - Dated:- 4-3-2022 - THE HON BLE JUSTICE T.S. SIVAGNANAM AND THE HON BLE JUSTICE HIRANMAY BHATTACHARYYA For the Petitioner : Mr. Sudhir Mehta, Adv., Mr. Anurag Bagaria, Adv. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther, it has been stated that the detention certificate is being issued for compliance of the order dated 17th February, 2022 passed by this Court. It is not in dispute that the said certificate has been served on M/s. PIL India Private Limited and Century Ply (JJP) CFS, Calcutta. In spite of such certificate being issued, the CFS/Shipping Line were not permitting the petitioner to clear the goods and insisting upon payment of demurrage and other charges. This issue was brought to the notice of the respondent/contemnor by the petitioner through his Advocate s letter dated 22nd February, 2022. The respondent/contemnor sent an e-mail dated 23rd February, 2022 to the said two companies stating that detention certificate dated 18 th Februa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be fastened upon the DRI/Customs Authorities. As rightly pointed out by the learned Counsel for the petitioner the said decision arose under the provisions of the Major Port Trust Act, 1963 and considering the scheme of the enactment the Court, answered both the issues against the importer. Therefore, the said decision is clearly distinguishable on facts. So far as the decision in J.J. Polyplast Pvt. Ltd. (supra), the petitioner therein approached the court alleging that the CFS was insisting upon compliance of certain conditions which according to the petitioner therein could not be insisted upon. Taking note of the factual position, the Court held that the grievances made by the said petitioner does not indicate that it is in any manne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the entries made under Section 46 or Section 50 of the Act, if the entries are found to be correct. The Central Board of Excise and Customs had notified Handling of Cargo in Customs Areas Regulations, 2009. Regulation 6 of the 2019 Regulations deals with responsibilities of Customs Cargo Service Provider. Regulation 6(1)(l) states that the Customs Cargo Service Provider shall subject to any other law for the time being in force, shall not charge any rent or demurrage on the goods seized or detained or confiscated by the Customs Authorities. Thus, the statutory regulations clearly provide for waiver of these charges which the petitioner cannot be compelled to pay. In the instant case the CFS/Shipping Line have not complied with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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