SWASTIKA SPINNING MILLS Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) IN this writ petition, a prayer has been made in sub-para 3 of the prayer clause that a direction be issued to the respondents to release the consignment (goods) of the petitioner lying at Delhi. This prayer is stoutly opposed by the respondents. Mr. Brar, learned counsel for the respondents, contended that the release of the consignments (goods) will tantamount to allowing the writ petition at this very stage. The prayer cannot be allowed.

(2.) AT this stage, Mr. Kuldip Singh, Senior Advocate, learned counsel for the petitioner has raised an alternative plea that the petitioner's goods are lying at Inland Container Depot (Railways), New Delhi (Dry Port) and the goods are suffering demurrage of Rs. 15,000/- per day. The detention of the goods is causing an avoidable loss to the petitioner. It is, therefore, prayed that if the goods cannot be released to the petitioners, they be stored or deposited in a public warehouse or in a private warehouse if the facilities for storage in a public warehouse are not available.

(3.) MR. Brar, learned counsel for the respondents; has urged that under Section 49 of the Customs Act, 1962, the Assistant Collector indeed has the power and authority to order the storage of the goods in question in a public warehouse or a private warehouse pending determination as to whether the goods have been legally imported or whether they are excisable to customs duty. He further contends that to invoke the jurisdiction under Section 49 of the Act, the owner of the goods has to make a petition to the Assistant Collector seized of the matter for passing the necessary orders for the storage of the goods. He further stated that in the present case no such application has been filed by the applicant. If a proper application is made in this behalf, the same shall be decided without any delay. In view of the clear language of Section 49, it is imperative for the petitioner to seek his relief under Section 49 from the Asstt. Collector concerned by making a proper application. I hope and trust that if an application under Section 49 is made by the applicant, the same shall be disposed of without any delay or loss of any time keeping in view of the huge losses which are being suffered by the petitioner in the form of payment of demurrage.