9911796707
TMI Blog1989 (6) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... imported consignments consisting of Urine Collecting sacks. When they arrived at the Inland Container Depot, Bangalore a claim was made by the petitioners for exemption from payment of import duty under Customs Act under Notification No. 208/81 dated 22-9-1981. 4. The Assistant Collector made an order which is impugned in Writ Petition No. 3181/89 dated 16-4-1985, ordering confiscation of goods and also levied redemption fine. On further appeal by the petitioner before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) the matter was remanded by its order dated 26-12-1985 and a de novo order made on 27-3-1987 by the Collector of Customs, Bangalore. The Collector ordered confiscation of goods and permitted redemption on paym ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. 9. In Writ Petition No. 3102/89 the facts are identical with Writ Petition No. 3101/89 and the appeal by the Department filed against the Appellate Tribunal's order is said to be pending before Supreme Court. The refusal to issue demurrage waiver certificate is the subject matter of this writ petition also. 10. It is urged by Sri Chandra Kumar, learned Counsel for the petitioners in all these cases that the petitioners are entitled to issue demurrage waiver certificate having regard to the fact that the petitioners in Writ Petition No. 3181/89 has succeeded before the Appellate Tribunal and in the other two cases there is a direction issued by the Appellate Tribunal to release the goods on executing a personal bond. 11. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 25-1-1988 is that the petitioner was entitled to the benefit of exemption of the Notification 208/81. On the facts of the case the delay in getting the goods released from the Railways cannot be attributed to the fault of the petitioner since it was the Customs Authorities that detained the goods. 13. On the facts of this case (W.P. 3191/89) and the other two writ petitions, the petitioners in the first case succeeded, before the Appellate Tribunal and it follows as a consequence that the petitioners are entitled to a detention certificate so that they may get the goods released without payment of demurrage charges. Though there is no Rule or Regulation under which such detention certificate can be issued by the Department, it is by v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he detention charges are paid by the consignee for the delay in releasing the goods and returning the containers. 17. This dispute or the claim of respondent No. 4 against the consignee petitioner cannot be decided in this writ petition. As directed in this order the petitioner is entitled for a demurrage waiver certificate from the Customs authorities. Without expressing any opinion on the claim made by the 4th respondent against the petitioner which flows from the contract entered into between them under the Bill of lading, suffice it for the present case to observe that the 4th respondent is at liberty to enforce its claim against the petitioner in accordance with law. 18. The 1st respondent is directed to furnish a copy of the certi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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