APM TERMINALS INDIA PRIVATE LIMITED Vs. THE ASSISTANT COMMISSIONER OF CUSTOMS (UN-CLEARED CARGO CELL) AND ORS.

JUDGEMENT

(1.) The petitioner has filed the above Writ Petitions to issue writs of certiorarified mandamus to call for the records and to quash the order of the 1st respondent dated 27.07.2015 in Lot No. 15 of 2015 and dated 15.07.2015 in Lot No. 666 of 2013 and consequently direct the 1st respondent to permit the petitioner to auction the goods stuffed in containers mentioned in the Writ Petitions.

(2.) Since the issues involved in both the Writ Petitions are similar, by consent of both the learned counsels, both the Writ Petitions are disposed of by this common order.

(3.) It is the case of the petitioner that they are off dock Container Freight Station, which provides facilities for storing Containers, including movement of Containers from and to Port, delivery of Containers to customers, facilitating movement of customs cleared Containers from and to Port, receiving of export and import cargo, stuffing and de -stuffing of containers. The petitioner, being a Container Freight Station, functions as per the guidelines issued by the Customs Department in Notification No. 26 of 2009 referred to as Handling of Cargo in Customs Area Regulation, 2009. The 2nd respondent, under the Bills of Lading dated 22.05.2013 and 08.09.2014, imported consignments of 10 containers stuffed with 10 lots of Light Melting Scrap weighing 258250 kgs. and 2 Containers stuffed with 12 Coils of Prime Cold Rold Grain Oriented Electrical Steel Sheets respectively. The said containers arrived at Port of Chennai in the month of October 2014 and July 2013 and were brought into the Container Freight Station of the petitioner on 09.10.2014, 10.10.2014 & 11.10.2014 and 19.06.2013 & 20.06.2013. Though the containers arrived in October 2014 and July 2013, the 2nd respondent did not take steps to clear the Cargo within 30 days from the date of importation into India. Therefore, the petitioner issued a notice under Sec. 48 of the Customs Act to the 2nd respondent dated 06.11.2014 and 19.07.2013, stating that if the cargo is not cleared within 15 days from the date of notice, the cargo would be disposed of as per the provisions of Customs Act. However, the 2nd respondent did not take steps to clear the cargo within the stipulated time in the notice. Thereafter, the petitioner issued a 2nd notice under Sec. 48 of the Customs Act to the 2nd respondent stating that if the cargo is not cleared within 10 days from the date of notice, the cargo would be disposed of as per the provisions of Customs Act. Even after the 2nd notice, the 2nd respondent did not take steps to clear the cargo stuffed in the containers. Therefore, the petitioner by letters dated 31.03.2015 and 18.11.2013 sought the permission of the 1st respondent to auction the goods.