Writ relief for demurrage on hazardous imports denied where importer contributed to delay and customs fault was not established

Writ relief seeking reimbursement of demurrage for alleged wrongful detention of hazardous import goods was refused because the record did not justify a final finding of customs fault or misfeasance in public office. The goods were found hazardous, customs made repeated efforts to have them tested, and the importer did not avail warehousing under Section 49 of the Customs Act, did not pay for local testing, and did not take timely steps to re-export under Rule 17(2) of the Hazardous Waste Rules. On those facts, the delay was not attributable solely to customs and the importer had materially contributed to it, so damages-like relief was unavailable in writ proceedings.

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Issues: Whether the petitioner was entitled in writ jurisdiction to have the customs bear demurrage and to obtain consequential relief on the alleged wrongful detention of hazardous import goods.

Analysis: The goods were ultimately found to be hazardous, and the materials on record showed that the customs authorities made repeated efforts to have them tested through available agencies. The petitioner did not avail the offer of warehousing under Section 49 of the Customs Act, 1962, did not deposit the charges for local testing, and did not take timely steps to re-export the goods under Rule 17(2) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008. On the available affidavits, the Court held that the delay was not attributable solely to the customs and that the petitioner had substantially contributed to it. The Court also held that, on these materials, no final finding of fault or misfeasance in public office could be recorded in writ proceedings.

Conclusion: The petitioner was not entitled to the writ relief claimed, including a direction that the customs bear the demurrage, and the writ petition was disposed of without granting such relief.

Ratio Decidendi: A writ court will not grant damages-like relief for alleged wrongful detention of imported goods where the record does not permit a final finding of customs fault and the petitioner has materially contributed to the delay.

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