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Issues: Whether the cargo custodian could lawfully charge demurrage and retain seized goods until payment, and whether the Customs authorities' communication could compel waiver of demurrage under the handling regulations.
Analysis: The custodian's right to recover demurrage flowed from its concession arrangement, which in turn derived statutory sanction through the airport authority framework. That charging regime constituted "law for the time being in force" for the purposes of the handling regulations, so the Customs authorities could not, by direction or detention certificate, require the custodian to waive demurrage. The mere fact that the goods were under seizure or that Customs required time for investigation did not transfer the demurrage burden to the Customs authorities. The importer remained liable to pay demurrage to the custodian in the first instance, with any claim for reimbursement lying separately according to law.
Conclusion: The custodian was entitled to levy and recover demurrage, and the writ claim for restraint against such collection failed.
Final Conclusion: The challenge to demurrage recovery was rejected because the custodian's charge was held to be legally enforceable notwithstanding the Customs authorities' request for waiver.
Ratio Decidendi: Where a custodian's demurrage is recoverable under a statutory or statutorily sanctioned contractual regime, it qualifies as "law for the time being in force," and Customs authorities cannot direct waiver of such demurrage merely because the goods are seized, detained, or under investigation.