1663 of 2000, the challenge of the Government is to the order of the Customs, Excise and Gold Control Appellate Tribunal which upheld the order of Collector of Customs dated 22nd October, 1993.
It has been further directed that the first respondent will pay demurrage, companytainer charges and ground rent to the Corporation from the date of storage of the goods till January, 15, 1991 whereas the Collector of Customs will pay the said charges on account of storage of these goods from January 16, 1991 till the date of release of the goods.
Civil Appeal No.
The Customs Authorities examined another 10 of the goods on the basis whereof, it calculated average excess in length and weight.
The importer by its letter dated 4th September, 1990 agreed with that examination and findings and requested the custom authorities number to go in for 100 examination of the goods.
We grant leave in the special leave petition.
7931 of 1995.
We have heard learned Attorney General and also learned companynsel for the Corporation.
On that day itself i.e., 22nd September, 1990, DRI Officers visited the CFS Patparganj and detained the companysignment on the basis of information available with them.
The companytention urged in this appeal is that the said charges are payable by the appellant only upto 21st September, 1990 and number thereafter.
This judgment will dispose of all four appeals.
7931 of 1995 has been filed by the original writ petitioner.
In Special Leave Petition C No.
By the said order, the Collector of Customs directed the discharge of show cause numberice dated 18th February, 1991 and had directed that the proceedings be dropped.
1663 of 2000 and appellant in Civil Appeal No.
767 768 of 1995 and Civil Appeal arising out of SLP C No.
The limited challenge therein is to the direction for payment of demurrage, companytainer charges and ground rent by the said petitioner till January 15, 1991.
The importer filed Bill of Entry dated 16th August, 1990 for clearance of companysignment declared as 100 Polyester Fabric.
On 3rd September, 1990, Customs Authorities companyducted examination of 10 of the goods and found some discrepancies with regard to the declared length and weight of the fabric.
None, however, appeared for the importer who is respondent in Civil Appeal Nos.
K. Sabharwal, J. In Civil Appeal Nos.
767 768 of 1995, the challenge of Union of India is to be the judgment and order of the High Court whereby allowing the writ petition, the Collector of Customs has been directed to release the imported goods of the writ petitioner respondent No.
1 herein lying with the Central Warehousing Corporation Limited for short the Corporation .
