Delhi High Court - Orders
Transworld Integrated Logistiek Pvt ... vs The Principal Commissioner Of Customs ... on 7 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16969/2022
TRANSWORLD INTEGRATED LOGISTIEK
PVT LTD ..... Petitioner
Through: Mr. Hardik Vashisht & Mr.Adith
Menon, Advocates (M- 8510004533)
versus
THE PRINCIPAL COMMISSIONER OF CUSTOMS SIIB EXPORT
& ORS. ..... Respondents
Through: Mr. Abhinav Kalia & Mr. Ajit Kr.
Kalia, SSC for R-1 (M- 9899734192)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 07.03.2023
1. This hearing has been done through hybrid mode.
2. The Petitioner- Transworld Integrated Logistiek Pvt Ltd has filed the present writ petition seeking release of its cargo, which is located in a Container at Inland Container Depot (ICD), Tughlakabad, Delhi. Ld. Counsel for the Petitioner submits that post filing this writ petition, the cargo has been provisionally released by the Customs Department. However, the stand of the Container Corporation of India (CCI), Respondent No. 2 is still unclear.
3. Vide order dated 13th December, 2022, notice was issued in this matter and the Respondents Nos 2 & 3 were directed to place on record their position with respect to the cargo of the Petitioner.
4. Counter Affidavit has been filed by the Respondent No. 1- The Principal Commissioner of Customs stating that the goods have been provisionally released. A letter dated 9th December, 2022 issued by the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.03.2023 16:27:28 Assistant Commissioner (SB-Exp), ICD, TKD, New Delhi, has been annexed with the said counter affidavit. The said letter is extracted as under:
Sub: Provisional release of consignment covered under Shipping Bills Nos. 3425449, 3427466 & 3429226 all dated 10.08.2022 and Shipping Bills No. 3793710, 3794265, 3797160 & 3798241 all dated 27.08.2022 filed by M/s Paras Impex (IEC No. FZPPK1677A), 325- 326- 327-328, New Moti Nagar, Ludhiana, Punjab- 141010-reg.
Please refer to your office letter dated 02.09.2022 issued vide CUS/ESHD/ALRT/OTH/1/2022-EXP- SHED-0/o COMMR-CUS-ICD-TKD-EXP-DEL vide which the docket file of the subject Shipping Bill was forwarded to this office for further investigation.
2. In this regard, it is to inform that the Competent Authority has accepted the request of exporter to release the said goods provisionally on the submission of Bond of 100% of FOB value. Accordingly, exporter has executed & submitted the Bond of Rs.
14,29,57,311/- (Bond Certificate No. IN-PB 47852786637541U dated 30.11.2022) for provisional release of their export goods covered under the above said Shipping Bill in the Bond Section. The Bond has been accepted by the Deputy Commissioner (Bond), ICD, TKD which has been informed to this office vide letter C. No. CUS/3321/2022- BOND-0/o COMMR- CUS-ICD-TKD-EXP-DEL dated 08.12.2022.
3. In view of the above, you are requested to allow the subject export consignment to be released provisionally for export of above mentioned Shipping Bill as per applicable provisions of Customs Act, 1962 under intimation to this office. The Original Dockets file in respect of above-mentioned Shipping Bill is enclosed herewith for necessary action.
5. The prayer in this writ petition is for release of the container, which was at the Inland Container Depot ('ICD'). According to the Petitioner, the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.03.2023 16:27:28 entire container was seized when it reached India. The case of the Customs Authority was that only the goods were seized and the container was not seized.
6. In any event, the container has now been released and even the goods have been released to the Petitioner. Thus, the prayer in this writ petition has already been satisfied.
7. Ld. Counsel for the Petitioner seeks opportunity to avail of its remedies in accordance with law in respect of any detention charges.
8. It is made clear that this petition does not deal with any amounts qua detention charges that may have been incurred by the Petitioner. Thus, the prayer of the Petitioner in respect of detention charges or demurrage with respect to any payable by any private Respondents or any other third party are not subject matter of this petition. Hence no liberty as sought is required to be granted.
9. The petition is disposed of in these terms. All pending applications are disposed of, if any.
PRATHIBA M. SINGH, J MARCH 7, 2023 dk/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.03.2023 16:27:28