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2018 (11) TMI 1307 - MADRAS HIGH COURTRelease of detained empty container denied - demurrage for the period for which the container was stored at Freight Station - demand of demurrage from importer - Held that:- It is well known that the container is kept in the Freight Station at the instance of the Customs. Till confiscation is over, the container will be kept along with seized materials in the Container Freight Station. If at all, rent is payable it shall be collected from importer or exporter and not from the container owner. Since, he leased out the container, he is entitled to rent for the usage of empty container and not more. He cannot be construed to be the owner of goods or the container was kept in the Container Freight Station at his instance. This Court in a similar circumstance, in M/s.Trans Asian Shipping Services (P) Ltd., [2016 (10) TMI 669 - MADRAS HIGH COURT] held that the containers were detained by the Department for investigation and have been kept in the respective container freight stations, the Customs Department/Directorate of Revenue Intelligence shall also endeavour to assist the respective container freight stations for recovery of the rent due and payable. As the importer has been found guilty, they could be made liable for payment of rental dues and not the container owner. Petition allowed - decided in favor of petitioner.
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