2015 (1) TMI 1079

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....been imported by the writ petitioner. The learned Trial Court, however, added that such re-export shall be permitted by the Customs authorities subject to satisfaction of the claims, if any, of the Port authorities. The petitioner was granted liberty to recover such amount by initiating appropriate proceedings against the authorities including Customs authorities in case he was so advised. To be precise, the order passed by the learned Trial Court reads as follows :- "This Court, therefore, directs the Customs Authority to allow the aforesaid consignments forming the subject matter of the writ petition to be re-exported to the foreign seller as the said seller has signified its consent to take back those consignments, if necessary, after d....

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.... the Customs Authorities and have been sent to the laboratory for its testing whether the goods are hazardous or toxic. Both the respondent authorities as well as the petitioner denies their responsibilities for such detention, as according to the respondents, because of the recalcitrant and inactive approach of the petitioner the samples could not be drawn immediately whereas the petitioner says that the respondent authorities have shown their dormant and lethargic approach in not sending the samples to the laborities as indicated in Schedule VII to the said Rules. The port authorities are not parties to this proceeding. It is still uncertain whether any claim is made towards the detention and/or demurrage charges by the port authorities. ....