Customs-controlled cargo release prevails where custodians cannot withhold goods over detention and demurrage claims

Imported goods were required to be released once customs authorities directed release and waived detention charges for the period under customs control. The private custodians' insistence on detention and demurrage charges could not block release of the goods. Any separate claim for such charges could still be pursued independently through civil remedies in accordance with law.

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Issues: Whether the imported goods were liable to be released when the customs authorities had directed release and the private custodians continued to insist on detention and demurrage charges.

Analysis: The customs authorities had communicated that detention charges could not be levied for the period during which the goods remained under customs control and had directed waiver of such charges under the applicable cargo regulations. In that situation, the continued insistence of the private custodians on payment of detention and demurrage charges could not impede release of the goods. The Court also noted that any claim for such charges could be pursued independently in accordance with law through civil remedies.

Conclusion: The goods were required to be released, and the petition succeeded to that extent.

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