Court Orders Release of Imported Yellow Peas Cargo with Waiver of Demurrage Charges

The court directed the respondents to release the imported cargo of yellow peas and green peas to the petitioner upon compliance with specified conditions, including remitting duty and providing a bank guarantee. The court granted a waiver of demurrage charges in accordance with regulations. Previous directions in related judgments were to apply to ensure consistent treatment of importers in similar situations.

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Issues:
- Release of imported cargo of yellow peas and green peas
- Application of notification dated 28.09.2018 by the Director General of Foreign Trade
- Interpretation of relevant judgments by Bombay High Court and Calcutta High Court
- Compliance with conditions for release of cargo
- Waiver of demurrage charges

Issue 1: Release of imported cargo of yellow peas and green peas
The petitioner filed a writ petition seeking a Mandamus to direct the respondents to release the cargo of yellow peas and green peas imported under two bill of entries. The petitioner argued that the bills of lading were dated before the cut-off date set by the court in a previous batch of writ petitions. Despite filing bill of entries, the petitioner was unable to obtain the release of the cargo, leading to the filing of the current petition.

Issue 2: Application of notification dated 28.09.2018
The petitioner imported green peas under a sales contract dated before the notification dated 28.09.2018, which restricted the import of green peas and yellow peas. The petitioner highlighted that a stay was granted on the notification by the court, allowing similarly placed importers to obtain the release of their cargo. The petitioner's bills of lading were dated before the cut-off date, making them eligible for the release of the cargo.

Issue 3: Interpretation of relevant judgments by Bombay High Court and Calcutta High Court
The Standing Counsel referred to judgments by the Bombay High Court and Calcutta High Court, arguing that importers can only seek delivery of cargo if contracts were concluded before the notification date. However, the court noted that the judgments cited were not directly applicable to the case at hand, as they pertained to different goods. The court emphasized the need for a fair and consistent approach towards importers in similar situations.

Issue 4: Compliance with conditions for release of cargo
The court directed the petitioner to comply with specific conditions for the release of the cargo, including remitting the duty component and providing a bank guarantee. Upon satisfaction of these conditions, the cargo of yellow peas and green peas was to be released. The court also considered the petitioner's request for a waiver of demurrage charges in line with relevant regulations.

Issue 5: Waiver of demurrage charges
The court granted the petitioner's request for a waiver of demurrage charges in accordance with Rule 6(1) of the Handling of Cargo in Customs Areas Regulations, 2009. The court emphasized the importance of adhering to legal provisions while releasing detained goods and ensuring fair treatment for importers facing similar circumstances.

In conclusion, the court disposed of the writ petition, directing the respondents to release the cargo of yellow peas and green peas to the petitioner upon fulfilling the specified conditions. The court clarified that previous directions issued in related judgments would also apply to the petitioner, maintaining consistency in the treatment of importers.

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