Writ petitions filed by importers seeking directions to release detained goods and waive detention charges. The court disposed of the petitions after respondents undertook to issue the required certificates.
Petitions disposed of based on respondent undertakings; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
15 WP1657-24WITH1658-24.DOC
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1657 OF 2024
Aecone Consumer Care Pvt. Ltd. Having its Registered Address at 1st Floor, Shop No.154, Ashoka Shopping Near G.T.Hospital, Fort, Mumbai, Maharashtra – 400 001
… Petitioner
Versus
Raigad, Maharashtra – 400 707
Page 1 of 5 20 February, 2024
15 WP1657-24WITH1658-24.DOC
WITH WRIT PETITION NO.1658 OF 2024
Suumit Enterprise Aged 40 Having its Registered Address at 80, Upper Level, Shop No.1, Evershine Mall, Link Road, Chincholi, Malad (West), Mumbai – 400 064
… Petitioner
Versus
Page 2 of 5 20 February, 2024
15 WP1657-24WITH1658-24.DOC
Nhava Sheva, Navi Mumbai, Maharashtra – 400 707
Mr.Anupam Dighe a/w Ms.Chandani Tanna a/w Mr.Ankit Trivedi a/w Ms.Sweta Upadhyay i/b M/s.India Law Alliance for the Petitioner Ms.Sangeeta Yadav a/w Ms.Sruti Kalyanikar i/b Mr.Subir Kumar for the Respondent No.2
Mr.Moosa T.H. for the Respondent No.3 in W.P.No.1657/2024 and for Respondent No.4 in W.P.No.1658/2024
Mr.Kishor More, Representative of Respondent Nos.5 in WP/1657/2024 and for Respondent No.6 in WP/1658/2024, GAD Logistics P.Ltd. present
_______________________ CORAM: G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. DATED: 20th February, 2024
P.C.:
“a. That this Hon'ble Court be pleased to direct Respondent No.2 to take all necessary steps and ensure that the Detention and Demurrage Waiver Certificate dated 14.11.2023 (Exhibit-C) issued under Handling of Cargo in Customs Areas Regulations, 2009 and Sea Cargo Manifest and Transhipments Regulations, 2018 is implemented by all concerned including Respondent No.3, 4 and 5 and thereafter to physically release the goods in the custody of the Petitioner,
b. That this Hon'ble Court be pleased to issue direction to the Respondents No. 2 to allow, facilitate, oversee and ensure clearance of the imported goods of the petitioner for home consumption by taking appropriate action against Respondent No. 4 and 5.
c. That this Hon'ble Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction directing the Respondent No.2 to ensure that the Detention and Demurrage Certificate dated 14.11.2023 issued in terms of Sea Cargo Manifest Regulation 2018 is implemented by Respondent No.3;
d. That this Hon'ble Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction directing the Respondent No. 3, 4 and 5 to waive off the detention charges if any, in view of Regulation 6 (i) (1) of the Handling of Cargo in Customs Area Regulations, 2009 in view of Detention and Demurrage Certificate dated 14.11.2023.”
Page 3 of 5 20 February, 2024
15 WP1657-24WITH1658-24.DOC
“a. That this Hon'ble Court be pleased to direct Respondent No.2 to take all necessary steps and ensure that the Detention and Demurrage Waiver Certificate dated 30.11.2023 (ExhibitB1&B2) issued under Handling of Cargo in Customs Areas Regulations, 2009 and Sea Cargo Manifest and Transhipments Regulations, 2018 is implemented by all concerned including Respondent No.3, 4, 5 & 6 and thereafter to physically release the goods in the custody of the Petitioner,
b. That this Hon'ble Court be pleased to issue direction to the Respondents No. 2 to allow, facilitate, oversee and ensure clearance of the imported goods of the petitioner for home consumption by taking appropriate action against Respondent No. 5 and 6.
c. That this Hon'ble Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction directing the Respondent No.2 to ensure that the Detention and Demurrage Certificate dated 30.11.2023 issued in terms of Sea Cargo Manifest Regulation 2018 is implemented by Respondent No.3 & 4;
d. That this Hon'ble Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction directing the Respondent No. 3, 4, 5 and 6 to waive off the detention charges if any, in view of Regulation 6 (i) (1) of the Handling of Cargo in Customs Area Regulations, 2009 in view of Detention and Demurrage Certificate dated 30.11.2023.”
Page 4 of 5 20 February, 2024
15 WP1657-24WITH1658-24.DOC
(FIRDOSH P. POONIWALLA, J.)
Page 5 of 5 20 February, 2024
2 issues framed by the court
Whether the High Court should decide the writ petitions regarding the release of detained goods after respondents agreed to comply.
Whether the petitions should be disposed of based on the undertaking given by the respondents to issue necessary certificates.
3 provisions across 3 enactments
Aecone Consumer Care Pvt. Ltd.
Union of India
Deputy Commissioner of Customs
Suumit Enterprise
G. S. KULKARNI
FIRDOSH P. POONIWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
