SUBHAM GOODWILL P LTD Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The petitioner in this writ petition is seeking direction against first respondent, namely, Commissioner of Customs, Iland Container Depot, Tuglakabad, New Delhi to release its consignment and to permit the petitioner to remove the said consignment from customs without let or hindrance. The direction is also sought against first respondent to compensate the petitioner all the moneys paid by the petitioner towards demurrages or ground rent to NLS Agency (India) Pvt. Ltd., and/or to the Container Corporation of India and/or any other person for any other charges whatsoever arising from the delay in releasing the consignment to the petitioner.

(2.) As would be clear from the prayer clause, the petitioner has imported certain goods but as the respondent No. 1 did not clear the same this petition has been filed with aforesaid prayers. The facts which emerge from the petition and counter- affidavits of the respondents may be recapitulated.

(3.) The petitioner is a Private Limited Company incorporated under the Indian Companies Act and in or about the end of August, 2002, it had purchased candies from the Ballon Company, Bangkok, Thailand for import into India. The consignment was imported through M/s. NLS Agency (India) Private Limited under container number and SCZU 7613074/20 (Bill of Lading No. DNABKK020800752). This consignment arrived at Delhi at the office of Commissioner of Customs, Inland Container Depot, Tuglakabad on October 3, 2002. The petitioner paid the required import duty vide cheque dated 9.10.2002 and entrusted the job of clearing the consignment to respondent No. 5. However, goods were not cleared by the Commissioner of Customs on arrival of these goods. Reason given in the counter- affidavit is that a simple thereof was taken for checking as to whether the goods confirmed to the Notification No. 44(RE-2000)/1997-2002 dated 24.11.2000 dealing with the packaging of goods imported and Notification No. 3(RE-2001)/1997-2002 dated 31.3.2001 read with public notice 51/01 of Customs C. No. VIII/CD/ICD/6/AG/458/01 (issued by Commissioner of Customs), issued by the Ministry of Commerce and Industry, Department of Commerce, under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 1.3 and 4.1 of the Export and Import Policy, 1997-2002. After drawing the sample the same was sent to Central Food Laboratory (CFL), Ghaziabad. Report dated 22.10.2002 was received from CFL, Ghaziabad as per which certain violations of the Prevention of Food Adulteration Rules (PFA Rules) were found relating to misbranding of the goods. On receiving this report, respondent No. 1 dis-allowed the clearance of the goods pending compliance with the provisions of PFA Rules, 1955. Thereafter the petitioner vide letter dated 3.12.2002 approached the respondent No. 1 for permission to de-stuff the container and transfer the goods to the warehouse to save demurrage as well as for completing the formalities of PFA Rules as pointed out in the CFL report. This permission was granted by respondent No. 1 on the same day. Subsequently, petitioner also complied with the requirement under the PFA Rules as per the Notification 3/01 read with 51/01 by putting the required information on the packets via stickers. On completion of these formalities respondent No. 1 issued "out of charge" order on 18.12.2002 which entitled the petitioner to clear the imported goods for home consumption after settlement of its dues with the CHA as well as with the company providing the container.