Detention-cum-waiver certificates can bar post-detention charges, supporting secured interim release of perishable imported goods pending final adjudication.

A valid and unchallenged detention-cum-waiver certificate prima facie binds cargo stakeholders, including the shipping line and custodian, for the period goods remain detained. Retaining perishable imported goods or levying detention charges after such certification may be unlawful under the applicable regulations and cited precedent. Interim release was directed because continued detention could increase charges and prejudice the importers, subject to security deposits. The parties' underlying claims and counterclaims were reserved for final adjudication.

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Issues: Whether interim release of perishable imported goods should be directed pursuant to an unchallenged detention-cum-waiver certificate.

Analysis: The detention-cum-waiver certificate prima facie bound the concerned cargo stakeholders, including the shipping line and custodian. The Customs Department acknowledged that the certificate bound the shipping line for the entire period during which the goods were held. The applicable regulations and the precedent relied upon supported the position that retention of goods and levy of detention charges after a valid certificate would be unlawful. As the goods were perishable and continued detention could cause escalating charges and prejudice, release was warranted upon security being furnished. The underlying claims and counterclaims were reserved for final adjudication.

Outcome: Interim release of the goods was directed upon each petitioner depositing Rs.30 lakhs with the Registrar within one week; the petitions were retained for final hearing.

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