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Issues: Whether the respondent was bound to implement the Tribunal's final order and issue a detention certificate to enable the petitioner to seek waiver of demurrage, notwithstanding the respondent's stated intention to file an appeal.
Analysis: The Tribunal had finally held that the imported goods were liable for confiscation, but absolute confiscation was not justified, and it directed clearance on payment of redemption fine, penalty, and customs duty. The respondent's objection was only that implementation should await expiry of the time for filing an appeal. The Court held that such a stand was untenable, as the final appellate order remained binding unless stayed or suspended by a competent court. To balance the petitioner's right to obtain clearance and the respondent's statutory right to appeal, the Court directed prompt implementation of the Tribunal's order and issuance of a detention certificate for the limited purpose of claiming waiver or reduction of demurrage.
Conclusion: The respondent was directed to implement the Tribunal's order within four weeks unless stayed, and to issue a detention certificate for demurrage relief; the petitioner succeeded on the core relief sought.