1990 (12) TMI 110

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....ndia, the petitioner is complaining of detention of 189 bags of HDPE by Respondent No. 1 and seeking consequential reliefs in that behalf. The facts and circumstances leading to the filing of the Petition are as under :- 2.The Petitioner is an importer of HDPE. The Petitioner had appointed M/s. Harshad Clearing Agencies, the 2nd Respondent, as his clearing agent in relation to clearance of cons....

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....e pending investigation at Yellow Gate Police Station and the complaint of M/s. Climax Pipe Pvt. Ltd. The Petitioner complied with the said request. The said goods are kept in the safecustody of the Port Trust. 6.Thereafter the Deputy Manager, Indira Dock by his letter dated 22nd April, 1982, called upon M/s. Climax Pipe Pvt. Ltd. to take delivery of the said goods which were brought back to th....

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....e Pvt. Ltd. was unfounded and the Petitioner could not be deprived of the goods lawfully imported by them. The Port Trust authorities agreed to return back the said goods to the Petitioner or the Respondent No. 2 producing no objection certificate from the Inspector of Police, Yellow Gate Police Station. A letter was written in this respect seeking the view of the Yellow Gate Police Station by the....

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..... After serving the usual notice of the demand for justice, the Petitioners filed the present petition. 8.It is obvious that the action of the Port Trust authorities in detaining the goods was unlawful throughout and at any rate it become unlawful from the date when Yellow Gate Police Station recorded its no objection. Accordingly there can be no objection to the said goods being returned to th....