Port charges and demurrage beyond the fixed tariff period cannot be recovered absent customs permission for disstuffing or sale.

Where cargo was neither seized nor confiscated, the port authorities could not recover demurrage and port charges beyond 75 days merely because customs permission had not been obtained for disstuffing or sale. Sections 61 and 62 of the Major Port Trusts Act, read with the tariff framework under Section 47A, were treated as requiring auction of uncleared cargo after the stipulated period, and the Customs Act was held not to govern the containers themselves in the manner claimed. The demand beyond 75 days was therefore unjustified, with liability confined to charges for that period and release of the containers directed on payment of the revised bill.

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Issues: Whether the port authorities were entitled to recover demurrage and port charges beyond 75 days from the date of landing of the containers, and whether customs permission was required for disstuffing or sale of the cargo.

Analysis: Sections 61 and 62 of the Major Port Trusts Act, 1963 were treated as enabling provisions, read with the Tariff Authority orders under Section 47A of the Major Port Trusts Act, 1963, which required the port authorities to wait 75 days before auctioning uncleared cargo. The cargo was neither seized nor confiscated, and the customs authorities stated that no permission was needed either for sale of the cargo or for disstuffing it from the containers. The Court further held that the Customs Act provisions governing goods did not apply to the containers themselves, and that the port authorities ought to have acted within the statutory framework instead of deferring sale and disstuffing on the plea of want of customs permission.

Conclusion: The demand for demurrage and port charges beyond 75 days was unjustified, and no customs permission was necessary for disstuffing the cargo or dealing with the containers as claimed by the port authorities.

Final Conclusion: The impugned demand was set aside, the petitioners were held liable only for charges for 75 days from landing, and the containers were directed to be released after payment of the fresh bill for that period.

Ratio Decidendi: Where cargo is neither seized nor confiscated, and the statutory tariff framework requires auction after a fixed period, port authorities cannot recover charges beyond that period merely on the ground that customs permission was not obtained for disstuffing or sale.

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