TMI Blog1998 (5) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... e present case, and particularly the conduct of the Customs authority in not releasing the goods even after the order of unconditional release dated 11-8-1995 passed by their own Chief Commissioner. The conduct of the Customs officers concerned is also under investigation. We do not think that this is a case were any intervention at our hands is required. The apprehension of the appellants that this will constitute a precedent is not justified because it is clearly an order which is meant to do justice to the respondent looking to the totality of circumstances and the conduct of the appellants. Obviously, for any delay on the part of the respondent in taking delivery of the goods after 5-4-1997, the respondent will have to bear the conseque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd were incurring heavy demurrage charges as also container charges, the respondent filed a writ petition in the Delhi High Court in respect of two Bills of Entry No. 102815 and No. 102878 being Civil Writ Petition No. 802 of 1991. In the interim application taken out by the respondent in the said petition bearing C.M. No. 1587 of 1991, learned Counsel for the appellants asked for further time for testing the samples. He also made a statement which is recorded by the High Court in its order of 3-4-1991, that in case after inspection, the goods are found to be synthetic waste, the entire demurrage and container charges will be borne by the Customs Department and the Customs Department shall issue the requisite certificate. 7.Thereafter by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13 of 1995 and 6401 of 1994, learned Counsel for the respondent stated that the demurrage charges were so enormous that they were far in excess of the price of goods by that time. He also drew the attention of the Court to the order of 3rd of April, 1991 in Civil Writ Petition No. 802 of 1991 where, under similar circumstances, the Customs Department had stated that if the goods were found to be synthetic waste, the entire demurrage and container charges would be borne by the Customs Department; and the Customs Department would issue the requisite detention certificate. Counsel for the appelants wanted instructions in that regard. The interim applications were thereupon adjourned from 24th of August, 1995 to 6th of September, 1995. The docu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of 14-2-1992 was withdrawn on 11-3-1992 by the Customs Department. The order of 11-3-1992 withdrawing the detention order of 14-2-1992, in terms, stated that all the arrears of revenue in respect of Writ Petition No. 2463 of 1983 as per the terms and conditions of the Bombay High Court's order dated 31-7-1991, including interest for one year as stated in the above referred interim order, had been realised by the Customs House. The point whether the party (the present respondent) was required to pay interest from the date of clearance of the goods till the final disposal of the writ petition was yet to be got clarified from the Bombay High Court. Therefore, the detention order was being withdrawn from that date until the clarification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the contempt petition was taken out by the respondent being Contempt Petition No. 340 of 1996. 13.By the impugned order of 19-3-1997 the Court gave one more chance to the present appellants to carry out its directions given in the order of 15-7-1996. It directed that the present appellants should sort out the question of payment of charges as between itself, the Container Corporation of India and the Shipping Corporation of India. The goods should be released to the respondent within three weeks. 14.After the order of 19-3-1997, the present appellants, in compliance with the directions contained in the said two impugned orders, addressed a letter to the respondent dated 5-4-1997 informing them that the matter had since been resolved w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion of the present respondent that the consignments imported by them under the four Bills of Entry were of synthetic waste soft quality and not prime fibre. Despite the test reports, on one pretext or the other, the goods were not being released by the Customs authorities. The respondent had complained of mala fides on the part of the Customs officers concerned with the handling of the four Bills of Entry in question. The respondent had even complained to the then Finance Minister about the Customs officers in question demanding a large amount as illegal gratification for releasing the goods. 17.Since this was a serious allegation we had directed the appellants to file an affidavit to explain what steps they had taken in connection with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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