KAWASAKI KISEN KAISHA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B.

(2.) . The 1st petitioner is a shipping company in Japan while the 2nd petitioner is a company, acting as the agent of the 1st petitioner at Calcutta. The 1st respondent is the Union of India, the 2nd respondent is the Collector of Customs, Delhi and the 3rd respondent is the Assistant Collector of Customs, Delhi. The 4th respondent is the General Manager, Container Corporation of India, Tughlakabad, New Delhi. The 5th respondent is the Collector of Customs (Judicial) New Delhi.

(3.) . The petitioner which is the owner of the containers is, admittedly, not concerned with the validity of the import/export of goods by the consigner or consignee. The nine containers of the petitioners are lying in the inland container depot at Tughlakabad and, in fact, the Customs authorities, Bombay are asking the petitioner to re-export the containers out of India, Bombay being the port through which the containers were imported. The fourth respondent, the Container Corporation of India, Tughlakabad, New Delhi, is responsible for the handling of the containers and smooth movement of all containers in India.