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2011 (6) TMI 584 - CALCUTTA HIGH COURTReturn on containers - Ground rent / Demurrages and/or port charges for any period beyond 75 days from the date of landing - Two containers were brought by the petitioners stuffed with Beetle nuts and those were landed at Haldia Dock Complex - consignee of the imported cargo neither turned up to take delivery of the imported cargo nor abandoned the cargo – goods sold in auction - Held that:- in the case of Industrial Cable (I) Pvt. Ltd. (1989 (8) TMI 88 - BOMBAY HIGH COURT) Port Trust authorities have independent right to sell the property under the Major Port Trust Act and the permission of the Customs department is not required for sale of those cargoes by the Port authority as the provision relating to sale of cargo under the Customs Act is different from that of the provisions contained in the Major Port Trust Act. Both the aforesaid Acts operate in their respective fields and one is not dependent on the other. Therefore, it is difficult to accept that the Port Trust authorities could not have sold those cargos in the absence of the permission from the Customs authorities under Section 48 of the Customs Act. Port Trust authorities were not justified in claiming demurrages and/or port charges for any period beyond 75 days from the date of landing. petitioners are, thus, directed to pay demurrage charges for 75 days from the date of landing of those containers in the Port area. Port Trust authorities are thus directed to return the containers to the petitioner. writ petition is, thus, disposed of.
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