AKBAR BADRUDIN JIWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) IT is the case of the petitioner that though the petitioners validly and legally imported the goods in question namely slabs of calcereous stones far back in January 1989, the validity came to be challenged by the Customs Officers and have wrongfully detained the goods leading to incurring of heavy recurring demurrage charges and container charges for no fault of the petitioner. The petitioner was required to litigate the matter right upto the Supreme Court and the Supreme Court finally allowed the matter by Judgment rendered on 14th February, 1990. The petitioner submitted that in view of the following operative order passed by the Supreme Court in Akbar Badrudin Giwani v. Collector of Customs, Bombay, (1990)2 Supreme Court Cases 203 the respondents are required to refund the detention charges and demurrage charges paid by him to the Bombay Port Trust:

(2.) THIS petition is opposed by the respondents and the learned Counsel for the respondents submitted that no direction is issued by the Supreme Court that the Customs Authority should refund the demurrage charges and detention charges. He further pointed out that the petitioner approached the Supreme Court for clarification of the aforestated order by filing I. A. No. 2 in Civil Appeal No. 3655 of 1989. That application was rejected by the Court by holding as under :-

(3.) IN our view, from the aforesaid findings given by the Supreme Court it is clear that the Court has not directed refund of detention charges and demurrage charges. On the contrary, the Court has observed that the said contention was not even urged before them. Therefore, there was no question of clarifying the order in the manner prayed by the petitioner. Further, the operative portion of the aforesaid judgment also nowhere provides that the detention charges or demurrage charges are to be refunded. It only set aside the judgment and order passed by the Appellate Tribunal and directed to release the goods to the petitioner forthwith and to release the personal bond given by the petitioner or a sum of Rs. 2,50,000/- on the basis of which one container was released. The Court has further directed to release the petitioner from payment of detention charges and demurrage for retaining the goods.