2012 (7) TMI 448

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....haran, JCDR For the Respondent/s   Per Dr. Chittaranjan Satapathy   Heard both sides. Considering the fact that that the impugned consignments are pending clearance, we allow all the MISC applications for early hearing and take up the appeals for hearing today itself.   2. We find that the adjudicating authority has confiscated the impugned goods for the contraventions of m....

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....y Vs Grand Slam International of India 1995 (77) ELT 753 (SC)   2) Trustees of Port of Madras Vs Nagavedu Lungi & Co. 1995 (80) ELT 241 (SC)   3. The ld. Advocate appearing for the appellants states that the demurrage and detention charges should be waived under Regulation 6 (1) of the Handling of Cargo in Customs Areas Regulations, 2009. We find that this contention has been duly ....

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....d they have also been allowed to re-export the impugned goods. Against such order of redemption and order of re-export, appellants have no grievance nor they have filed any appeal. Hence, the goods vesting with the government does not arise when the appellants are seeking to redeem and reexport the impugned goods. In any case, Section 126 of the Customs Act, 1962 does not require the customs autho....

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....ignor even if such goods were illegally detained. In the present case, the detention of the impugned goods were not on genuine reasons as the same had contravened the law of the land. As such, the lower appellate authority has rightly held that the customs authorities cannot be asked to pay demurrage and detention charges. We further find that the impugned order to redeem and reexport the goods wa....