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Customs - Highlights / Catch Notes

Home Highlights January 2021 Year 2021 This

Confiscation of goods - For the period from 14.08.2018 to ...


Respondent Cannot Claim Rent or Demurrage Post-Feb 6, 2019, Due to Unlawful Retention of Goods Under Regulation 6(1)(l.

January 22, 2021

Case Laws     Customs     HC

Confiscation of goods - For the period from 14.08.2018 to 06.02.2019, respondent No. 1 is under a legal obligation not to charge any rent or demurrage on the goods of the petitioner or on the container in which the goods have been stored and kept under its custody. Following the certificate dated 31.01.2019, it was also under a legal obligation to release the goods kept under its custody on or before 06.02.2019 to enable the petitioner to re-export the goods. Failure to do so has not only caused prejudice to the petitioner but would also disentitle respondent No. 1 from claiming any rent and demurrage for the period beyond 06.02.2019 till release of the goods because such retention of goods would be clearly unlawful being in violation of Regulation 6(1)(l) of the Regulations and the public notice dated 02.03.2010. - HC

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