2015 (1) TMI 1079

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.... of furnace oil/fuel oil claimed to have 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 bac....

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....nt case, those samples have already been drawn by 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 a....

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....ruary, 2014 can only be challenged in accordance with law and no grievance against that order can be entertained in this appeal. 6. Mr. Mitra contended that in the event the appellant is to be relegated to a fresh proceeding, a finding should be made that the order directing the writ petitioner to pay the dues of the Port authority, if any, is bad because the principal question as to whether the delay occurred due to laches on the part of the Customs authority was not considered by the Trial Court. He contended that the case of the writ petitioner has always been that the delay is on account of Customs authority and the Customs authority is liable for all consequences including the detention charges in whatever form they may have ar....