2021 (10) TMI 647 - HC - Customs

Writ of Mandamus grants relief on detention and demurrage charges for imported goods

M/s. Diamond Nuts Versus The Deputy Commissioner of Customs (Group 1), Tuticorin

The court granted the petitioner's request for a Writ of Mandamus, leading to the waiver of detention and demurrage charges on imported goods. The ... Seeking issuance of detention certificate recommending waiver of detention and demurrage charges and to ensure grant of waiver demurrage and detention charges on the goods - HELD THAT:- In view of the stand taken by the learned Standing Counsel appearing for the respondent that he has already rendered opinion to comply with the directions already indicated in the order of this Court in M/S. DIAMOND NUTS, REP. BY ITS AUTHORIZED SIGNATORY, DR. R.K. BHOODES VERSUS THE PLANT PROTECTION OFFICER (E) , DEPUTY COMMISSIONER OF CUSTOMS (GROUP I) , CENTRAL WAREHOUSING CORPORATION, TUTICORIN [2021 (5) TMI 1000 - MADRAS HIGH COURT] and such opinion having been accepted was acted upon by sending communication dated 09.08.2021 by the Assistant Commissioner (Legal) (Customs) to the Assistant Commissioner (Import) at Tuticorin, and necessary orders definitely would be passed by such Officer giving relief sought for by the petitioner in this writ petition, this Court feels that by recording the aforesaid development that necessary orders would be passed by the Assistant Commissioner (Import) at Tuticorin, in favour of the petitioner within the shortest possible time. This Writ Petition is disposed of. Issues:- Petition seeking Writ of Mandamus for waiver of detention and demurrage charges on imported goods- Objections raised on phytosanitary certificate leading to import clearance issues- Two separate writ petitions filed by petitioner- Orders passed by the learned Judge in the writ petitions- Grant of onetime waiver and release of goods- Petitioner seeking detention certificate to waive demurrage charges- Court considering compliance with previous orders for granting detention certificateAnalysis:The judgment dealt with a petition requesting a Writ of Mandamus for the waiver of detention and demurrage charges on imported goods covered by a specific bill of entry. The petitioner had imported raw cashew nuts, but faced clearance issues due to objections raised on the phytosanitary certificate by the Plant Protection Officer. Two separate writ petitions were filed by the petitioner, with one seeking relaxation due to discrepancies in the certificate and the other requesting waiver of demurrage and detention charges. The first writ petition was allowed by a learned Judge, setting aside the impugned order and remanding the matter to customs authorities for onetime relaxation under Article 14 of the Plant Quarantine Order. The second writ petition was closed with liberty for the petitioner to renew based on the orders of the first petition. Subsequently, the petitioner's plea for onetime waiver was granted, and the goods were released.The petitioner then sought a detention certificate to waive demurrage charges incurred while the goods were in customs custody. The court considered the compliance with previous orders and the opinion of the learned Standing Counsel, who indicated that necessary actions were being taken to provide the relief sought by the petitioner. The Assistant Commissioner was directed to pass orders for granting the detention certificate and waiving demurrage charges. Based on these developments, the court disposed of the writ petition, stating that necessary orders would be passed in favor of the petitioner within the shortest possible time. The judgment highlighted the importance of compliance with court orders and indicated that no further direction was required as the relief sought by the petitioner was being addressed by the customs authorities.