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2018 (9) TMI 1862 - DELHI HIGH COURTDetention of imported goods - counsel for the Revenue contended that if the importer i.e. the IEC Holder purchases it, the goods could be released - HELD THAT:- This Court is of the opinion that since the goods have been in detention for more than a year and no irregularity of any kind whatsoever has been indicated by the DRI and furthermore, that the DRI has also expressed no objection for the release of the goods upon payment of the differential duty, if any, the imported goods should be released to the present petitioners who are undoubtedly the actual beneficiaries of the import. In the event, the petitioners deposit the differential duty, the goods shall be released within a week thereafter. This is an unfortunate case where the respondents/Customs authorities intentionally appeared to have omitted issuing the detention certificate. After considering the application for waiver of the demurrage/detention charges, if any liability accrues, that shall be on account of the customs authorities in the circumstances of the case. Petition allowed.
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