MONIKA INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. S.P. Goel, partner of Monika India and the partnership firm Monika India, have filed the present writ petition under Articles 226 and 227 of the Constitution of India for direction to the respondents viz. Commissioner of Customs, ICD, Tughlakabad, Shipping Corporation of India Ltd and the Container Corporation of India Ltd., to deliver goods mentioned in the 3 bills of entry bearing Nos. 102948, 103165 and 103182 dated 23rd February, 1991, 19th March, 1991 and 21st March, 1991, respectively, without payment of detention and demurrage charges. The second prayer made in the writ petition is for award of exemplary costs.

(2.) The petitioner had imported 40,000 kg., 97642 kg. and 96208 kg. of synthetic wastes soft quality against the bills of entry nos. 102948, 103182 and 103165 from parties in Taiwan and Korea. The aforesaid goods arrived at ICD, New Delhi between 21st February, 1991 and 21st March, 1991. After the goods were imported, the petitioner firm filed the bills of entry for release of the consignment on payment of duty on 23rd February, 1991, 19th March, 1991 and 21st March, 1991.

(3.) On 19th April, 1991, Assistant Commissioner of Customs drew samples and these were sent for testing to Central Revenue Control Laboratory (CRCL, for short), New Delhi. The test report of CRCL dated 8th July, 1991, indicated that the imported material was staple fibre and not synthetic waste, as declared by the Petitioner. For the present, we may just know that there was delay in drawing the samples, in sending the drawn samples, and then in getting the report from CRCL. We may also record the contention of the petitioner that customs authorities were empowered to release the goods, pending the execution of Test Bond, on provisional basis.