NIRAJ AGRO FOODS Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The Writ Petition has been filed by petitioner seeking a Mandamus for the release of consignments falling under Exim Code 0713 6000 imported through ARVEE International Private Limited, Singapore in terms of sale contract No.181103/1 dated 03.11.2018 covered under (i) Invoice No.2K19/1142 dated 10.01.2019 (278 MTs) and corresponding Bill of lading COSU6163898920 dated 10.01.2019 and (ii) Invoice No.2K19/ 1134 dated 12.01.2019 (115 Mts) and Bill of lading No.MSCUTZ 418926 dated 12.01.2019 in terms of the stay order dated 13.11.2018 made in W.M.P.No.34753 of 2018 in W.P.No.29779 of 2018 containing "Toor whole" and a further direction to the respondents to issue a 'Detention Certificate' for waiver of Demurrage and Container Detention Charges in terms of Handling of Cargo in Customs Areas Regulations 2009.

(2.) The identical issue as arising in these Writ Petitions has been considered by me vide my order dated 27.02.2019 in W.P.No.4403 of 2019 (batch) in the case of M/s.Royal Impex V. Commissioner of Customs. The aforesaid order is applicable to the present cases on all fours. The entire order is extracted herein for the sake of clarity:

(3.) In the light of the aforesaid, the conclusions as arrived at by me in my order above will equally apply in the present cases as well.