High Court orders Customs to expedite container release, recover rent

The High Court directed the Competent Authority of the Customs Department/Directorate of Revenue Intelligence to consider the petitioner's request for releasing containers within twelve weeks from the date of the order, emphasizing the need for immediate destuffing and release. Additionally, the Customs Department/Directorate of Revenue Intelligence was instructed to assist container freight stations in recovering rent due for containers and to hold importers accountable for rental dues, with the stations instructed to submit claims for further action.

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Issues:
- Seizure and confiscation of export consignment
- Detention of containers by Directorate of Revenue Intelligence/Customs Department
- Request for release of containers
- Payment of rent for containers

Seizure and Confiscation of Export Consignment:
The Directorate of Revenue Intelligence conducted a search and seized an export consignment of muriate of potash (MOP) in violation of Customs Law. An Order in Original dated 29.2.2012 was passed confiscating the seized quantity and imposing penalties on the exporter and another individual. The order of absolute confiscation became final, leading to the detention of containers at container freight stations.

Detention of Containers by Directorate of Revenue Intelligence/Customs Department:
The petitioner, as the owner of the containers, filed writ petitions seeking the release of containers detained by the Directorate of Revenue Intelligence/Customs Department at container freight stations. Although the goods were confiscated, the containers were not. The judgment emphasized the need for immediate destuffing of containers and their release, considering the finalized order of confiscation issued in 2012.

Request for Release of Containers:
The High Court disposed of the writ petitions with a direction to the Competent Authority of the Customs Department/Directorate of Revenue Intelligence to consider the petitioner's request for de-stuffing the cargo and releasing the containers within twelve weeks from the date of the order. The judgment highlighted the responsibility of the authorities to take necessary steps for the release of containers following the confiscation of goods.

Payment of Rent for Containers:
The counsel for the container freight stations informed the court that the containers had been lying at their premises for an extended period without rent payment. The judgment directed the Customs Department/Directorate of Revenue Intelligence to assist the container freight stations in recovering the rent due, suggesting that the importers found guilty could be made liable for the rental dues. The container freight stations were instructed to submit a claim for rental dues to the Customs Department for further action.

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