Bill of Lading governs import timing; detained consignments may be conditionally released and demurrage waived.

The Foreign Trade Policy was applied as the governing code for fixing the relevant date of import, so the Bill of Lading, not the Bill of Entry, controlled whether the goods were treated as imported within the protected period. On that basis, consignments of peas and dhalls backed by Bills of Lading within the relevant period were not treated as barred by the later import restrictions and were directed to be released subject to compliance with conditions. Because the goods had been detained by customs, Regulation 6(l) of the Handling of Cargo in Customs Areas Regulations, 2009 protected them from rent and demurrage, and waiver of those charges was ordered.

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Issues: (i) Whether the relevant date for reckoning import under the Foreign Trade Policy was the date of Bill of Lading or the date of Bill of Entry; (ii) whether the imported consignments of peas and dhalls were hit by the impugned import restrictions and liable to detention; (iii) whether demurrage charges were liable to be waived on account of detention by customs.

Issue (i): Whether the relevant date for reckoning import under the Foreign Trade Policy was the date of Bill of Lading or the date of Bill of Entry.

Analysis: The Foreign Trade Policy was treated as a complete code for determining the date of import, and its specific provision made the date of Bill of Lading determinative. The Court held that the reference to Section 15 of the Customs Act, 1962, which fixes the date for rate of duty purposes by reference to the Bill of Entry, was not controlling for this purpose.

Conclusion: The relevant date for reckoning import was the date of Bill of Lading.

Issue (ii): Whether the imported consignments of peas and dhalls were hit by the impugned import restrictions and liable to detention.

Analysis: The Court applied the earlier order governing identical consignments and noted that the relevant notifications operated prospectively. Imports backed by Bills of Lading within the protected period were not to be denied clearance merely because of later administrative action, and the detention of such consignments was not justified once the stay of the notifications was in force. The consignments were therefore directed to be released on compliance with stipulated conditions.

Conclusion: The consignments were held liable to be released conditionally and were not treated as barred for the relevant imports covered by the order.

Issue (iii): Whether demurrage charges were liable to be waived on account of detention by customs.

Analysis: The Court relied on Regulation 6(l) of the Handling of Cargo in Customs Areas Regulations, 2009, which prohibits charging rent or demurrage on goods seized, detained, or confiscated by customs officers, subject to other law in force. As the goods had been detained by customs, the statutory protection against demurrage applied.

Conclusion: Demurrage charges were directed to be waived.

Final Conclusion: The writ petition succeeded to the extent of conditional release of the consignments and waiver of demurrage, while preserving the liberty of the authorities to proceed in accordance with law.

Ratio Decidendi: Where the Foreign Trade Policy specifically fixes the Bill of Lading as the relevant date of import, that date governs clearance and restriction issues for imported goods, and goods detained by customs are entitled to statutory protection against demurrage under the cargo regulations.

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