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2022 (4) TMI 920 - CALCUTTA HIGH COURTSeeking release of detained goods - seeking waiver of detention charges and other charges - HELD THAT:- The statutory regulations clearly provide for waiver of these charges which the petitioner cannot be compelled to pay. In the instant case the CFS/Shipping Line have not complied with the requirements that they are to fulfil pursuant to issuance of detention certificate. The question would be is the respondent/department powerless or can it be said that they will be a mute spectator to the non-compliance of their directions by the CFS/Shipping Line. The answer to this question lies in 2018 – 2019 Regulations wherein under Regulation 11 provides for action being taken for suspension of operations or revocation of registration of an authorised carrier. In the 2019 Regulations under Regulation 11 similar power has been provided. It is not for this Court to inform the respondent/department as to what the powers are under the statutory regulations. It is found that CFS and the shipping line are not parties to this application - liberty granted to the petitioner to take appropriate steps in this regard - List this matter on 11th March, 2022.
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