N.S. PLASTERS Vs. PRINCIPAL COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Heard Mr. B. Satish Sundar, learned counsel for the petitioner and Mr. T.R. Senthil Kumar, learned Standing Counsel for the respondents. With the consent of the learned counsel on either side, the writ petition itself is taken up for final disposal.

(2.) The petitioner seeks for an issuance of a writ of mandamus, directing the respondents to grant a detention certificate in terms of Regulation 6(1) of the Handling of Cargo in Customs Areas Regulations, 2009, in respect of the goods covered under the Bill of Entry dated 3-10-2016.

(3.) The petitioner had imported architectural gypsum mouldings from Malaysia and the goods on arrival at Chennai Port were detained on account of the fact that one M/s. Radha Decors of Puducherry, had registered its claim under Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (hereinafter referred to as "IPR Rules"), by filing an application under Rule 5 of the IPR Rules. Accordingly, the petitioner was informed by a communication dated 2-11-2016 that the clearance of the goods imported is suspended with immediate effect and as the investigation is likely to take some time, the petitioner was offered storage of the subject goods under Section 49 of the Customs Act, 1962. Further, the petitioner was informed that if they do not avail the facility, they would be responsible for payment of demurrage/detention charges that may be incurred. The petitioner, in compliance of the direction issued by the respondent Department vide letter dated 2-11-2016, availed the facility offered under Section 49 of the Act.