2022 (2) TMI 840

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....dships may be pleased to issue Writ of Certiorari or Writ in the nature of certiorari quashing and setting aside the Letter dated 11.06.2021 (Annexure-V Colly), and Letter dated 03.06.2021 (Annexure-T) issued by the Respondent no.1 to the M/s Friends Salt Works and Allied Industries Kandla for holding of consignment of the said Cargo; b. Your Lordships may be declared that the Re-Test Report vide C. No.27-Cus/C-8/2021-22 dated 01.06.2021 Conducted by the CRCL, New Delhi in respect of the subject goods stored in M/s Friends Salt Works and Allied Industries Kandla is illegal, null and void and void ab-initio in the interest of justice c. Your Lordships may be declared that the Test report conducted by the CSIR-Indian Institute of Petrol....

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....deems proper; h. That direction may be given to the Respondents to issue the Waiver certificate of the demurrage, detention and storage charges in rspect of the subject goods in the interest of justice; i. Pending the hearing and final disposal of the Special Civil Application, the petitioner may be allowed to reexport the subject goods without any condition as this Court may deem fit and proper in the interest of principle of natural justice; j. Pending the hearing and final disposal of the Special Civil Application, the petitioner may be permitted to clear the subject goods without any condition as this Court may deem fit and proper in the interest of principle of natural justice; k. Pending the hearing and final disposal of t....

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....n port. 5. The consignment reached the port at Kandla. The DRI expressed some doubt as regards the declaration made by the writ applicant that the goods imported is Naphtha. The DRI did not permit the writ applicant to clear the goods. The DRI thought fit to draw the samples of the goods for the purpose of getting them tested at the Laboratory. 6. As on date, there are not less than five test reports on record. The first test report of the sample drawn by the DRI certified that the sample is not Naphtha, but something else. Later all the test reports have certified the samples to be Naphtha. 7. It is the case of the DRI that if the goods imported is not Naphtha then the same may be liable to be confiscated. It also appears from the mater....