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of <h1>High Court Gujarat: Release of detained goods per Customs Authorities' directive, waiving demurrage charges. Timely compliance stressed.</h1> <h3>M/s SUMMIT ENTERPRISE Versus PRINCIPAL COMMISSIONER/ COMMISSIONER OF CUSTOMS</h3> M/s SUMMIT ENTERPRISE Versus PRINCIPAL COMMISSIONER/ COMMISSIONER OF CUSTOMS - 2022 (382) E.L.T. 611 (Guj.) Issues:1. Petitioner's request for the release of detained goods and initiation of action against certain respondents.2. Customs Authorities' directive for waiver of detention charges and respondents' refusal to release goods.3. Compliance with Customs Authorities' order and challenge to the directive.Analysis:1. The petitioner sought relief through a writ petition under Article 226 of the Constitution, requesting the release of imported 'Dry Dates' and action against the respondents. The petitioner's goods were detained without proper documentation, leading to a delay in clearance. The petitioner highlighted the necessity of Phytosanitary Certificates and Fumigation for food items' import clearance. Despite self-assessment of Customs duty, the goods were unlawfully detained without a seizure memo as per the Customs Act, 1962.2. The Customs Authorities issued an order on 25th March, 2022, directing waiver of detention charges under Regulation 10(1)(l) of the Sea Cargo Manifest and Transhipment Regulations, 2018. However, the respondents, particularly shipping lines, continued to demand container detention charges despite the directive. The petitioner's plea for waiver of demurrage charges was not granted, leading to further delays and financial burden.3. The Court acknowledged the Customs Authorities' binding order for waiving demurrage charges and directed the respondents to release the goods within two weeks in compliance with the directive. The judgment emphasized the necessity for respondents to implement the order promptly. It clarified that any challenge to the Customs Authorities' order by the respondents would not be obstructed by the current directive, maintaining a neutral stance on potential legal proceedings.In conclusion, the High Court of Gujarat disposed of the petition, ordering the release of the detained goods in adherence to the Customs Authorities' directive for waiver of demurrage charges. The judgment underscored the importance of timely compliance with official orders and left room for potential challenges to the directive without affecting the current release order.
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