2019 (10) TMI 183 - HC - Customs

Court Orders Prompt Release of Containers to Petitioners

The court directed all stakeholders and authorities involved in withholding the Containers to assist the Customs department in ensuring the prompt release ... Release of seized containers - Petitioners state that the Containers in which the imported goods had arrived are not being released by the customs authorities for over a period of five years inter alia on the ground that the goods contained in the Containers are still subject to investigation - HELD THAT:- We direct all the stakeholders and authorities involved in the withholding of the Containers to assist the Customs in ensuring expeditious release of the Containers to the Petitioners - Petition allowed. Issues:Release of Containers under the Customs Act, 1962 for re-exportation.Detailed Analysis:1. Issue of Containers under Customs Control:The petitioners, as agents of the owners of Containers used for importing goods into India, sought the release of Containers still under the control of the Custom Department to fulfill their obligation of re-exporting the Containers. The Petitioners highlighted that the Customs authorities had not released the Containers for over five years, citing ongoing investigations into the goods within the Containers. Despite the petitioners having no involvement in the imported goods, they executed a bond to re-export the Containers within six months of import. The petitioners, through two separate writ petitions, requested a specific direction for the return of their Containers.2. Response of Customs Authorities:The Respondents-Customs, represented by Mr. Jetly, informed the court that two additional affidavits dated 18 September 2019 by Mr. Radhanath Purohit, Deputy Commissioner of Customs, were submitted in both petitions. These affidavits included a chart outlining the current status of the Containers. Mr. Jetly assured the court, based on instructions from Customs officers, that the Containers would be released expeditiously, with an aim to complete the release within six months. However, this release was contingent upon cooperation from all stakeholders and authorities involved in the process.3. Disposition of Petitions:Counsel for the petitioners agreed that the petitions could be disposed of based on the statements provided in the affidavits of Mr. Purohit and the representations made by Mr. Jetly on behalf of Customs. Consequently, the court directed all stakeholders and authorities involved in withholding the Containers to assist the Customs department in ensuring the prompt release of the Containers to the petitioners. Subsequently, the petitions were disposed of in accordance with the directions provided by the court, emphasizing the expeditious release of the Containers to the petitioners.