2025 (10) TMI 75

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ondent. 2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed that the respondents may be directed to release the consignment of Industrial Oil contained in 12 containers which are retained under the Bill of Lading Nos. NLOJEAMUN074444 and DXB0897104A. 3. Brief facts of the case are as under: 3.1 The petitioner placed an order for mineral industrial oil in the month of July,2024 which was confirmed by the Exporter. The petitioner also made 100% advance remittance for the import of the goods in question. 3.2 The exporter at United Arab Emirates dispatched the goods in the month of October 2024 which reached the port at India during the same month. 3.3 However, a public notice wa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ntainers are not covered under the definition of "container" falling under the Petroleum Rules, 2002. It was submitted that as per the definition of "container" contained in Rule 2A(viii) means a receptacle for petroleum not exceeding 1000 litres in capacity and it does not refer to the flexi bags fitted in the container. It was further submitted that the petitioner has already placed an order for import of mineral hydrocarbon oil on 4.07.2024 and 100% payment is already made on 29.07.2024 prior to issuance of public notice and therefore, the import made by the petitioner ought to have been permitted by respondent No. 2 for clearance. It was further submitted that Facility Notice No. 02/2024 dated 01.11.2024 ought to have extended ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uested by the petitioner by representation dated 12.06.2025. 9. It is pertinent to note that learned advocate Mr. Ankit Shah appears for both the respondents Principal Commissioner of Customs and PESO. 10. In view of the above submission, we direct the respondent-authorities to permit the petitioner to transfer the goods in question from Flexi-bags to the container under the supervision and guidance of the officers of the PESO in the tanker in accordance with the Petroleum Act and the Rules made therein, as requested by the petitioner in the representation dated 12.06.2025. The petitioner shall file an undertaking before this Court to abide by all the rules and directions to be issued by the concerned officer of the PESO and once the ....