Detention certificates and demurrage relief upheld as the Port Trust could not reopen Customs' bona fides.

A contempt notice issued against a Port Trust official was upheld because it was only at a preliminary stage and the letters showed a prima facie attempt to circumvent the Court's earlier order and the detention certificates issued under it. The direction to release the consignments on the strength of those detention certificates, without charging demurrage, was also sustained because the Port Trust was bound to act on the certificates and could not reopen the bona fides of the Customs authorities. The appeal failed and the interim order remained in force.

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Issues: (i) Whether the contempt notice issued against the General Manager of the Port Trust for the contents of the two letters warranted interference at the admission stage. (ii) Whether the direction to release the consignments on the strength of the detention certificates without charging demurrage called for interference.

Issue (i): Whether the contempt notice issued against the General Manager of the Port Trust for the contents of the two letters warranted interference at the admission stage.

Analysis: The notice was at a preliminary stage and the addressee would have an opportunity to meet the allegations on merits. The tenor of the letters showed a prima facie attempt to question and circumvent the effect of the Court's earlier order and the detention certificates issued in pursuance of it, rather than comply with the order as passed.

Conclusion: The contempt notice did not call for interference.

Issue (ii): Whether the direction to release the consignments on the strength of the detention certificates without charging demurrage called for interference.

Analysis: The earlier interim order required the Customs authorities to issue detention certificates in the prescribed manner, and those certificates had been issued. On a prima facie reading of the relevant dock rate provisions, the Port Trust was bound to act on the certificates and release the consignments without demurrage. The attempt to re-examine the bona fides of the Customs authorities was inconsistent with the Court's order.

Conclusion: The direction for immediate release of the consignments without demurrage was upheld.

Final Conclusion: The appeal failed and the interim order, including the contempt notice and the release direction, was sustained.

Ratio Decidendi: Where a court has directed issue of detention certificates and release of goods, the port authority cannot resist compliance by reopening the bona fides of the customs authorities, and a prima facie attempt to do so may justify contempt proceedings and consequential release directions.

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