1990 (9) TMI 101 - HC - Customs

Court Orders Immediate Issuance of Detention Certificate for Imported Goods

RISHAB SPINNING MILLS Versus COLLECTOR OF CUSTOMS

The court directed the respondents to issue the detention certificate for imported synthetic mutilated rags within two weeks from the date of the order. ... Detention certificate - Goods allowed clearance subject to certain conditions Issues:Petition for Writ of Mandamus to direct issuance of detention certificate for imported synthetic mutilated rags.Analysis:The petitioner sought a Writ of Mandamus to compel the respondents to issue a detention certificate for synthetic mutilated rags imported under Bill of Entry No. 000002. The petitioner had obtained a license from a recognized export house and imported the goods, which were detained at Inland Container Depot, Coimbatore. Despite a previous court order directing payment of duty and issuance of a bank guarantee, the goods were not released by the respondents, citing restrictions on imports through specific ports. The petitioner argued that the import was governed by a policy where certain conditions did not apply. The respondents had detained the consignment for clarifications and initiated adjudication proceedings. The court noted that since no specific order had been issued regarding detention certificates, the respondents were justified in seeking clarification. However, considering the previous court order allowing clearance upon compliance with specified conditions, the court directed the respondents to issue the detention certificate within two weeks from the date of the order.This judgment clarifies the legal position regarding the issuance of detention certificates for imported goods and highlights the importance of compliance with court orders. It underscores the need for respondents to adhere to court directives and provides a timeline for the issuance of the required certificate. The judgment also emphasizes the petitioner's argument regarding the applicability of specific policies to the imported goods, indicating the relevance of relevant regulations in import matters. The court's decision balances the interests of both parties by acknowledging the need for clarification while ensuring timely resolution of the issue at hand.Overall, the judgment provides a clear direction for the resolution of the dispute and sets a precedent for similar cases involving the issuance of detention certificates for imported goods. It underscores the significance of court orders and the obligation of respondents to act in accordance with legal directives. The detailed analysis of the petitioner's arguments and the respondents' justifications demonstrates a thorough consideration of the facts and legal provisions relevant to the case.