ABHEYCHAND BHANAJI Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE Writ Petitions coming on for hearing on Tuesday the 9th day of September, 1997 and Thursday the 11th day of September, 1997 upon perusing the petitions and the affidavits filed in support thereof and the order of this Court dated 12-4-1988 and made herein and the records relevant to the prayers aforesaid on the file of the Respondents in both the petitions herein to the Writs made by the High Court and upon hearing the arguments of Mr. N. Thiagarajan, for Mr. M. Ranka, Advocate for the petitioner in each of the petitions and of Mr. R.G. Rajan, Advocate for the 3rd Respondent in both the petitions and the Respondents 1 and 2 not appearing in person or by the Advocates, and having stood over for consideration till this day, the Court made the following order : In W.P. No. 4152 of 1988, the petitioner prays for the issue of a Writ of Mandamus to call upon the respondent herein to issue Customs Detention Certificate in respect of the subject goods entered in the Bill of Entry Retention No. 306/86 Import Department S. No. 1229/8-4-1986 for a period commencing from the date of arrival of the Cargo till the date of receipt of customs duty and consequently a Writ of CertiorarifiedMandamusto call for the records from the third respondent, quash the communication No. L-2/15676/86/T(C)/dated 9th October 1986, and direct the respondent No. 3 to refund the excess amount collected by way of demurrage to the tune of Rs. 5, 400/- vide import application No. 1509/133, dated 29-4-1986 to the petitioner.

(2.) IN W.P. No. 4171 of 1988 the petitioner prays for the issue of a Writ of Mandamus calling upon the respondent No. 2 herein to issue detention certificate in respect of the subject goods entered in the Bill of Entry Retention No. 306/86, Import Department S. No. 1330/8-4-1986 for a period commencing from the date of arrival of the Cargo till the date of receipt of customs duty and consequently a Writ of Certiorarified Mandamus calling for the records from the third respondent, quash the communications No. L/2/51/15677/87/T(C), dated 9th October 1986, and direct the respondent No. 3 to refund the excess amount collected by way of demurrage to the tune of Rs. 13, 075/- vide import application No. 1509/134, dated 29-5-1986 to the petitioner.

(3.) THE petitioner alleges that he imported a consignment 18 bales of white card board of Japanese origin under Bill of Lading No. YHMD 055/28-2-1986 under R.E.P. license issued against F13 of Appendix of the current import policy applicable for the year 1986-87, which cargo was valued at Rs. 61, 510/-, that the vessel SANTOS III consisting of the above cargo had arrived Madras on 31-3-1986 and the petitioner presented the Bill of Entry for home consumption on 31-3-1986 itself, but the same was received by the Import Department on 8-4-1986 under S. No. 1229.