2023 (11) TMI 577 - HC - Customs

Court Orders Consideration of Re-export Request for Mis-shipped Betel Nuts; Decision Due by November 25, 2023.

Damaan General Trading LLC Versus Union of India & Ors.

The HC addressed a petition under Article 226 concerning the mistaken shipment of goods, specifically Betel Nuts instead of Calcium Nitrate, to India by a ... Permission for clearance of consignment for re-export on the entire costs which will be borne by the Petitioner - direction to issue Detention and Demurrage Waiver Certificate in respect of consignment covered. The Petitioner submitted that it has made a representation on 4th September 2023 to Respondent Nos.2 and 3 for considering the request to re-export of the goods which were wrongly sent to India. The said request is pending as of today in spite of various reminders by the Petitioner. The Petitioner further submitted that the present petition can also be treated as representation in addition to the letter dated 4th September 2023 and suitable directions be given to the Respondents to decide the same. HELD THAT:- The Respondents are represented here and they have no objection to the prayer made by the Petitioner. Present petition and letter dated 4th September 2023 be treated as representation by the Petitioner to Respondent No.3 on the issues as raised by the Petitioner - Speaking order to be passed after hearing the petitioner. Petition disposed off. Issues involved: The issues involved in the judgment are related to a petition filed under Article 226 of the Constitution of India seeking relief for the re-export of goods mistakenly shipped to India and the issuance of Detention and Demurrage Waiver Certificate.Details of the judgment:Issue 1: Re-export of goodsThe Petitioner, a company based in Dubai engaged in import and export, exported 'Calcium Nitrate' but mistakenly Betel Nuts were shipped to India. Despite multiple requests, the Respondents did not respond to the request for re-export of the goods. The Petitioner made a representation on 4th September 2023 to the Respondents for permission to re-export the goods, which is still pending. The court ordered that the petition and the letter dated 4th September 2023 be treated as a representation by the Petitioner to Respondent No.3. The Petitioner is directed to appear before Respondent No.3 on 15th November 2023 to make submissions, and the Respondents are to pass a speaking order on the representation by 25th November 2023. All contentions of the parties are expressly kept open, and the Writ Petition is disposed of with no order as to costs.Issue 2: Detention and Demurrage Waiver CertificateThe Petitioner also sought a Detention and Demurrage Waiver Certificate in respect of the consignment. The Respondents did not object to the prayer made by the Petitioner. However, the judgment did not specifically address this issue, as the focus was primarily on the re-export of the goods. This judgment highlights the importance of timely responses to requests for re-export of goods and the court's intervention in ensuring a fair decision-making process by the Respondents.