2022 (8) TMI 1207

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....ent of Pistachio Kernels Oil Stock Feed Grade (said consignment) vide Bill of Entry No. 3086383 dated 29th October 2015. The Intelligence Unit of the Department of Customs, Government of India detained the consignment and referred the matter to Animal Quarantine and Certification Services, Plant Protection Quarantine and Storage, FSSAI and one Manisha Analytical Laboratores Pvt. Ltd., to ascertain whether the goods imported were actually unfit for human consumption and could be used only for industrial use. In the meanwhile, by letter dated 5th November 2015 Supdt.-HQIU (R&I) of Customs informed Shed Manager, DRT, JNPT (Respondent No.3) directing them not to allow clearance of the said consignment without receiving No Objection from Respond....

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....sue thereafter and the order passed by this court has attained finality. 5. It is petitioner's case that as per Public Notice No.26/2010 issued on 2nd March 2010 where any goods are seized/detained by any officer of the customs authority for no fault of the importer, the custodians of the freight stations/warehouses/godowns should not charge any rent or demurrage or stock charges for the goods detained upon production of certificate issued by the proper officer certifying such period. The goods have to be delivered without charging and collecting any rent or demurrage for such period. The public notice also provides that violation of the Regulation No.6 (1) (I) of the Handling of Cargo in Customs Areas Regulation, 2009 under which such pub....

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....icate dated 11th September 2018 was not only in the prescribed format but is also not issued by the authorised authority. Mr.Shroff, however, did not dispute the period of detention as claimed by petitioner, i.e., from 5th November 2015 to 29th August 2018. 9. Ms. Thakkar for Respondent No.2, on instructions from Mr.Merugu Suresh, Additional Commissioner, Customs, Nhava Sheva who is present in the court left it to the court and was ready to accept orders of the court. 10. In the certificate dated 24th April 2018 issued by Deputy Commissioner of Customs JNCH, it provides for waiver of demurrage and detention charges as per Public Notice No. 26/2010 for the period from 10th February 2016 to 13th April 2018. It is petitioner's case that good....

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....n communicated to petitioner vide E-mail dated 18th October 2018, print out of which is at Exhibit "J" to the petition. We have considered the said E-mail with the assistance of counsel and in our view though the said E-mail mentioned about rejection of the period 5th November 2015 to 29th August 2018, it does not indicate the reason for rejection. As a Government of India enterprise, we would have expected Respondent No.3 to have atleast informed petitioner reasons for rejection and if only that had been communicated, petitioner would have perhaps taken further steps through the customs authorities. Even to the notice dated 26th October 2018 from petitioner to Respondent No.3, there is not even a reply. Even affidavit in reply to this peti....