2020 (2) TMI 771

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and also a direction to issue a "Detention Certificate" in terms of order passed in W.P.No.6619 of 2019, dated 18.03.2019. 2. The case of the petitioner, in a nutshell, is as follows : 2.1. The petitioner is involved in the business of import and sale of pulses, cereals, spices, etc. with a valid licence issued by the Director General of Foreign Trade (in short, "the DGFT") and it entered into a Sales Contract dated 13.11.2018 for import of 2850 MTs of "Yellow Peas" from an entity at Austria and also paid advance. Since the DGFT issued Notification No.37 of 2015/2020, dated 28.09.2018, restricting the import of Yellow Peas, the respondents refused to clear the consignment. The petitioner filed W.P.No.30890 of 2018 before the Principal....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed under two of the very same Bills of Entires covered under the order dated 16.04.2019 and also seeking a direction to the respondents to issue the "Detention Certificate" in terms of the order dated 18.03.2019 in W.P.No.6619 of 2019, this writ petition is filed before this Bench. 3. Refuting the claims of the petitioner, the respondents filed a detailed counter dated 03.06.2019. 4. Heard the learned counsels for the petitioner and the learned Standing counsel appearing on behalf of the respondents. 5. As narrated in the facts, the petitioner filed W.P. No. 30890/2018 before the Principal seat of this Court laying challenge to the notification issued by the DGFT and seeking clearance of the imported goods, wherein, an interim orde....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....curred in respect of the detained consignments. In the light of Rule 6(1) of the Handling of Cargo in Customs Areas Regulations, 2009, which provides that the Customs Cargo Provider shall not, subject to any other law for the time being in force, charge any rent or demurrage on the goods seized or detained or confiscated by the Superintendent of Customs or Appraiser or Inspector of Customs or Preventive Officer or examining officer, as the case may be, there shall be a waiver of demurrage charges." 7. Thereafter, the petitioner submitted a representation dated 16.05.2019 to the first respondent, inter alia, stating that the goods covered under out of six Bills of Entries, only two Bills of Entries were released, pursuant to the direction....