LAKSHMI DHALL MILL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The instant writ petition has been filed for a Mandamus, to direct the respondent to release the cargo of yellow peas and green peas imported by the petitioners under two bill of entries namely, 1) 2019529 dated 11.02.2019 and 2) 2019530 dated 11.02.2019, covered under Sales Contract No.S19-17107 dated 01.10.2018, in terms of orders of this Court in W.P.[MD]No.21158 of 2018, and further to direct the respondents to issue a detention certificate for waiver of demurrage and Container Detention Charges in terms of Regulation 6(1)(l) of Handling of Cargo in Customs Areas Regulations, 2009.

(2.) It is the case of the petitioner that they imported cargo of green peas under the sales Contract No.S19-17-17107 dated 01.10.2018 from Canada. It is the case of the petitioner that by notification dated 28.09.2018, the Director General of Foreign Trade, restricted import of green peas / yellow peas.

(3.) According to the petitioner, the cargo arrived at the port of Tuticorin on 12.02.2019 and the bills of lading are both dated 29.12.2018. According to the petitioner, the said notification dated 28.09.2018 issued by the Director General of Foreign Trade was challenged before the Principal Seat in W.P.No.21158 of 2018 and an interim stay of the notification was granted by this Court in W.M.P.No.18999 of 2018 and the stay still continues in favour of the petitioner. According to the petitioner, similarly placed importers had filed writ petitions before the Principal Seat seeking for delivery of the cargo of green peas / yellow peas subsequent to the notification. By final orders passed in a batch of writ petitions in W.P.No.4403 of 2019 etc., batch on 27.02.2019, this Court directed the respondents to release the cargo of yellow peas / green peas if the bills of lading are dated on or before 30.12.2018.