ASIAN FOOD INDUSTRIES Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) By way of the present petition under Article 226 of the Constitution of India, the petitioner, who is a partnership firm, engaged in the business of purchase and sale of various kinds of cereals, pulses, beans of spices, whole gram, tuar dal, red chauli, etc. and also in the business of exporting the above goods to various overseas buyers in the middle eastern countries and other parts of the world, initially prayed to issue a writ of mandamus directing the respondents to issue detention certificate in connection with certain containers, which had been detained by issuing an order u/s.5 of the Customs Act,1962 in view of decision rendered by Division Bench of this Court in Special Civil Application No.14642 of 2006, by which, Custom Authority was directed to permit the petitioner to export the consignments, which have already been cleared by the Customs Authorities on 23-24/06/2006. Following prayers have been made at the time of filing of petition:

(2.) Since the decision dated 01/09/2006 passed by the Division Bench was challenged before the Hon'ble Apex Court and containers were lying with the respondent authority since June,2006 and the petitioner had paid huge amount to the agencies towards container charges and demurrage, the cargo was called back by the petitioner and was sold in local market. Though there was no fault of the petitioner, he had to pay huge amount towards container charges and demurrage and therefore, the petitioner has moved an application for amendment being Civil Application No.4309 of 2007, which came to be allowed vide order dated 04/10/2007 and ultimately several grounds have been added in the main writ petition and following prayer was added in the writ petition:

(3.) Pursuant to the Notice issued by this Court, respondent No.2 has filed an Affidavit and opposed to grant the reliefs, as prayed for, by the petitioner. Similarly respondent Nos.3 and 4 have also filed Affidavit opposing to grant the reliefs, as prayed for, by the petitioner.