Detention certificate relief cannot be granted by the Tribunal where no writ-like power exists.

A detention certificate is only an administrative recommendation by customs authorities for consideration of waiver or reduction of demurrage by the custodian, and it has no independent statutory basis. The Tribunal, being a statutory appellate body, does not have writ powers comparable to the High Court under Article 226 and cannot assume authority to grant such relief. It therefore had no power in law to issue the detention certificate or direct demurrage-related relief.

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Issues: Whether the Tribunal could direct issue of a detention certificate for waiver or reduction of demurrage payable to the Port Trust.

Analysis: A detention certificate is an administrative recommendation by customs authorities to the custodian of goods for consideration of waiver or reduction of demurrage, and it has no independent statutory basis. The Tribunal, being a creature of statute, does not possess writ powers comparable to those exercised by the High Court under Article 226 of the Constitution of India. The power to grant the relief sought could not, therefore, be assumed by the appellate forum.

Conclusion: The Tribunal had no authority in law to issue the detention certificate or grant the requested demurrage-related relief.

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