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    <title>2015 (4) TMI 731 - CALCUTTA HIGH COURT</title>
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    <description>Writ relief seeking reimbursement of demurrage for alleged wrongful detention of hazardous import goods was refused because the record did not justify a final finding of customs fault or misfeasance in public office. The goods were found hazardous, customs made repeated efforts to have them tested, and the importer did not avail warehousing under Section 49 of the Customs Act, did not pay for local testing, and did not take timely steps to re-export under Rule 17(2) of the Hazardous Waste Rules. On those facts, the delay was not attributable solely to customs and the importer had materially contributed to it, so damages-like relief was unavailable in writ proceedings.</description>
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      <description>Writ relief seeking reimbursement of demurrage for alleged wrongful detention of hazardous import goods was refused because the record did not justify a final finding of customs fault or misfeasance in public office. The goods were found hazardous, customs made repeated efforts to have them tested, and the importer did not avail warehousing under Section 49 of the Customs Act, did not pay for local testing, and did not take timely steps to re-export under Rule 17(2) of the Hazardous Waste Rules. On those facts, the delay was not attributable solely to customs and the importer had materially contributed to it, so damages-like relief was unavailable in writ proceedings.</description>
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