SRIKANT BAGLA Vs. COMMISSIONER OF CUSTOMS AND ORS.

JUDGEMENT

(1.) The writ petitioner imported a large quantity of a substance alleged to be furnace oil. This is also known as fuel oil He did so between January and March, 2013 in six containers, from Singapore, Malaysia and Australia. The first and the second arrived on 1st January, 2013. The containers were unloaded and removed to a container freight station the very next day, 2nd January, 2013. Other containers followed.

(2.) The goods were detained by the customs for a long period of time on the suspicion that they were hazardous. Under our law hazardous goods cannot be imported into the country. Ultimately, the goods were found to be hazardous. However, permission was given by the Indian authorities to the petitioner to re-export the goods.

(3.) Now, unpaid rent or demurrage charges operate as a lien on the goods. The container freight station owners will not allow the goods to be removed unless their charges for storage are met. The charges are quite substantial. The writ petitioner says that these charges are more than the value of the goods. Although, diverse prayers have been made in the writ petition, the only prayer that was seriously urged by Mr. Jayanta Mitra, learned Advocate General appearing for the writ petitioner was that the demurrage charges be borne and paid by the customs, as the goods were detained for a prolonged period for their fault.