Detention on Imported Cargo and Export Cargo Instructions – reg.

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....nt and also the Central Bureau of Investigation for the purpose of investigation. Such investigation may result in imposition of fine/penalties on the importer/exporter. 2. The custodians of Ports/Air Cargo complex/ICDs/CFSs etc. demand the warehousing charges/Container detention charges from the parties for the period the goods are kept in their custody. Such warehousing charges are fairly high if the period of detention is longer. 3. Hitherto the custodians were remitting the detention/demurrage charges on the basis of the detention certificates issued by Commissioner of Customs. However,the issues like the quantum of demurrage and pay ability of demurrage, had been examined by the Hon'ble Supreme Court in the case of International Airp....

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....f consignment detained during investigation. It has also been observed that in some cases in which the parties have been exonerated fully at adjudication Appeal stage and Department has issued detention certificate for the purpose of waiver of demurrage charges, the custodians are reluctant to remit the demurrage. In order to avoid such situation and to keep a check on unnecessary detention of goods, the issue was examined by the Board at length and the following decision has been taken with a view to avoid undue hardship to trade. i) Import goods shall not be detained by the Department unless prohibited as per Exim Policy either in the Port, airport or other custom areas. If it becomes necessary to detain the goods the importer must be i....