TMI Blog1971 (2) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... d comprised in the return of the Respondents herein to the Writ made by the High Court, and upon hearing the arguments of Shri E.S. Govindan, Advocate for Petitioner in both the Petitioner and of the Central Government Standing Counsel on behalf of the Respondents 1 to 3 and of Shri R.G. Rajan for Shri D.V. Sivagnanam, Advocate for the 4th Respondent in both the petitions, the Court made the following order. 2.The Petitioner, a partner of M/s. South East Tanning Co., 4/5, Vepery High Road, Periamet, Madras, is seeking for a writ of Certiorari and Mandamus; in the former he desires that this court should quash the order of the Collector dated 24-3-1970 and in the latter he seeks a Writ of Mandamus against the Collector of Customs to furnis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he relevant Export Promotion Scheme, finishing agents for leather were also permissible in the same basis as resin binders for which the appellants held licence, the Board takes a lenient view, remits the fine in lieu of confiscation of Rs. 42,000/- (Rupees forty two thousand only) cash imposed in the three appeals, and directs the goods be allowed clearance against the licence produced by the appellants." In the meantime however the goods were in 4th defendant and were suffering demurrage in the hands of the Port Trust, Madras, in accordance with the scale of rates prescribed by the Port and in accordance with the rules laid down by them under the Port Trust Act.The Petitioner's costs is that as the goods were detained for no fault of hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs earlier referred to. It is against this order of the Collector of Customs that the petitioner has initiated the present proceedings. 3.W.P. No. 1484 of 1970 is for the issue of a Writ of Certiorari to quash the impugned order dated 24-3-1970 and W.P. No. 1486 of 1970 is for a Writ of Mandamus directing the Collector of Customs to issue the detention certificate as he is alleged in law to do. No doubt the Port Trust is made a party to this Writ Petition so that the final relief if any granted by this Court may be made known to them and obtained in their presence. 4.The main question in these petitions is whether there is any error apparent in the order impugned and even otherwise whether the Collector of Customs, Madras, is boun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the appellants held licence. Thus the Central Board exercised its mind and were of the view that there was no violation in the matter of this importation and the goods ought to be allowed clearance on the licence as usual. In the context of things, it appears to me that it was never the intention of the Central Board to warn the importer and much less to penalise him. The post script in fact strengthens this view because they would only reserve any such imposition of penalty or warning for a future occasion.The present however in clear, that they were lenient. They excused the petitioner and directed the release of the goods as against the existing licence. 5.It therefore follows that the order dated 18-7-1969 which is practically repea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e penalised by the Port Trust by the infliction of demurrage as per rules ............ There is therefore a conceivable nexus between demurrage and the detention certificate. The former is levied by the Port Trust in the absence of the issue of a detention certificate by the customs. In this context it is seen that the duty to grant a detention certificate by the Customs is in the nature of a public duty specially affecting the rights of an individual. The Customs no doubt have the statutory power to check the import but coupled with the power is the duty to act reasonable and discreetly. Mandamus being neither a writ of course nor a writ of right, is generally classed as a legal remedy essentially equitable in content and scope and depends ..... X X X X Extracts X X X X X X X X Extracts X X X X
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