Wrongful detention of consignments bars demurrage for the period of non-compliance, with personal costs imposed on the officer.

A consignments release dispute arose where goods were required to be released on furnishing bond and bank guarantee, but the department retained them despite the Court's earlier direction. The retention was found unjustified, and the explanation for non-release was rejected. As the consignments remained detained in defiance of the order, demurrage for the period of wrongful withholding was held not recoverable, and refund was due for that period. The apology tendered by the Commissioner was accepted, but only on payment of personal costs to be recovered from the officer's salary and paid to the assessee.

---

---

Issues: Whether the department's failure to release the consignments in terms of the Court's earlier directions justified refund of demurrage charges for the period of non-compliance and imposition of personal costs, while accepting the apology tendered by the Commissioner.

Analysis: The consignments were required to be released on furnishing bond and bank guarantee, yet the department retained them despite the Court's order. The delay in release was found unjustified, and the explanation offered for non-release was not accepted. Since the goods remained detained in defiance of the Court's direction, demurrage for the period of retention was held to be unwarranted. The apology tendered was accepted, but only on payment of personal costs, which were ordered to be recovered from the officer's salary and paid to the assessee.

Conclusion: The respondent-assessee was entitled to refund of the demurrage charges for the period during which the consignments were wrongly withheld, and the Commissioner was subjected to personal costs, with the apology accepted subject to that condition.

---