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2022 Supreme(Online)(KER) 27370

ROYAL EXPORTS ENTERPRISES – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
['ESM KABEER', '', 'ANILKUMAR P', 'SRI A DINESH RAO', 'SC', 'RAILWAYS', '', 'A DINESH RAO']

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner, a partnership Firm, seeks to quash Exts.P9 and P10 notices and to direct the 4th respondent to calculate the charges only with respect to the actual space occupied/used by the petitioner for storing the items at Wharf, CONCOR, Vallrpadam and not in terms of Ext.P10 notice.

2. The petitioner imported Split Cassia, Spring Star Aniseed and Broken Spring Star Aniseed in a 40 feet container. The Food Safety and Standard Authority of India (FSSAI) cleared only Split Cassia, as the remaining items did not clear mandatory tests under the Food Safety Act. The uncleared cargo is detained at Container Freight Station (CFS) CONCOR, at Vallarpadam. The cargo was detained nine months ago and the value of goods is diminishing. The petitioner therefore submitted Ext.P5 request for waiver of warehouse charges and for release of goods.

3. The 4th respondent declined waiver of charges, as per Ext.P6. The 3rd respondent also declined waiver, in spite of the judgment of this Court in W.P.(C) No.14387/2021. Now, Ext.P9 notice is served on the petitioner informing that the Competent Authority has declined the request of the petitioner. The petitioner submit

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