PUNEET EXPO Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayers in this writ petition filed by M/s Puneet Expo, a proprietorship concern of which Shri Dinesh Kapoor is the proprietor, are for a direction to the Airports Authority of India ("AAI") Respondent No. 3 herein, not to charge any demurrage charges or in the alternative direct the Customs Department, Respondent No. 2 herein, to pay the demurrage charges accrued on the goods of the Petitioner to the AAI. A further prayer is for a direction to the AAI to realise the demurrage charges accrued on the consignment in question kept in the custody of the AAI from the Customs Department.

(2.) The Petitioner sought to export readymade garments to Russia by way of four shipping bills through M/s SAM Aviation Pvt. Ltd. on 6th June 2001. It is stated that the shipping bills were cleared on the same date. While the said consignments were lying for shipment on, 11th June 2001 the officers of the Department of Revenue Intelligence ("DRI") detained the consignments for some investigation. On 4th July 2001, the DRI referred the investigation to the Commissioner of Customs (Preventive). On 6th July 2001 SAM Aviation requested the AAI for waiver of demurrage charges. On 11th July 2001 the Petitioner was summoned by the Commissioner of Customs (Air Cargo Preventive) for giving evidence and producing documents in respect of the enquiry being conducted with regard to the consignments.

(3.) By a letter dated 20th July 2001 the AAI directed SAM Aviation to produce certain documents for considering their request for waiver of demurrage charges. In the meanwhile, the DRI completed its investigation and referred the matter again to the Customs (Preventive). Subsequently the investigation with regard to the market value was also completed by the Customs (Preventive).