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2012 (4) TMI 235 - HC - CustomsWrit petition under Articles 226 and 227 of the Constitution of India - for direction to the respondents to deliver goods mentioned in the 3 bills of entry, without payment of detention and demurrage charges and award of exemplary costs – petitioner imported synthetic wastes soft quality but on tests done by CRCL on sample taken depicted to be staple fiber – petitioner highlighted delay commited by Department between the date of receipt of the test report and the date of issue of the show cause notice – petitioner seek direction against department to withdraw the show cause notice and further direction to clear the goods for home consumption - respondent contented that the method of taking sample was not correct - out of six reports three are in favour of petitioner one is favouring the respondent and two reports are unequivocal the goods were directed to be released forthwith on furnishing of provisional duty bond - petitioner claims that they had executed provisional duty bonds but the goods were not released for want of detention charges – Held that:- The petitioner submitted their reply to show cause notice dated 29th August, 1991, only on 5th March, 1992. Even if the petitioner was relying upon and wanted a copy of the test report by SASMIRA, the delay is not justified - The action of the customs authorities cannot be substantially faulted, once they had issued detention certificates in 1993, except to the extent of passing of the adverse assessment order - Contention of petitioner that none of the partners were willing to bear and pay the demurrage charges as there was no certainty when, how and who would be entitled to sell the goods and how the profits would be distributed cannot be accepted - If the petitioner had made payment of reduced demurrage charges on the basis of the detention certificates, the position may have been different - the petitioner had failed to take delivery of the consignment even after order dated 23rd April, 1993 and in such circumstances it is not viable for respondent- custom to pay the demurrage or container charges - writ petition dismissed
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