TMI Blog2020 (12) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... unloading. It says that if any goods brought into India from a place outside India are not cleared for home consumption or warehoused or transshipped within thirty days from the date of unloading at a customs station or within such further time as the proper officer may allow or if the title to any imported goods is reliquished, such goods may after notice to the importer and with the permission of the proper officer be sold by the person having custody thereof - Under section 48, if the imported goods are not cleared or warehoused etc. within the stipulated period which may be extended, then the person having the custody of such goods has the discretion to sell the goods. A decision has to be taken by the authority under section 46 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pass orders thereon for warehousing of the said imported goods. Additional prayer has been made that respondents be restrained from withholding the said bills of entry from warehousing and also from taking steps for selling the imported goods in question. 3.1. Be it stated that by the said bills of lading petitioner had imported whole green/yellow peas. 4. In Writ Petition (L) No.5315 of 2020 petitioner seeks similar direction to respondent Nos.2 and 3 regarding 15 bills of lading covering 6530.760 MTS of imported yellow peas and 467.90 MTS of imported green peas; other prayers being the same. 5. While in Writ Petition (L) No.5324 of 2020 the imported goods reached Nhavasheva port during the months of December, 2019 and January ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contesting the averments made by the petitioners. 10. In view of the order which we indicated to learned counsel for the parties and which we propose to pass it may not be necessary for us to deal with the rival contentions. 11. Infact, in the course of the hearing today, when it was indicated to learned counsel for the parties that the court intend to direct respondent Nos.2 and 3 to pass an order on the prayer of the petitioners for warehousing, learned counsel for the parties agreed to the same. 12. Section 46 of the Customs Act, 1962 (briefly the Customs Act hereinafter) deals with entry on goods on importation. As per sub-section (1) the importer of any goods other than goods intended for transit or transshipment shall mak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod which may be extended, then the person having the custody of such goods has the discretion to sell the goods. 16. Considering the above, we are of the view that a decision has to be taken by the authority under section 46 of the Customs Act. Without such decision being taken, it would not be just and proper to allow the custodian to sell the goods. 17. That being the position, we direct respondent Nos.2 and 3 to take a decision on the prayer of the petitioners for warehousing of the consignments in terms of section 46(1) of the Customs Act after granting due opportunity of hearing to the petitioners. Let such decision be taken within a period of 7 days from the date of receipt of a copy of this order. 18. Since we have not e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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