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Supreme Court of India 2017-08-24 disposed

Continental Carbon India Ltd vs Union of India & Ors

Bench: 2 — Unknown Judge 1, Unknown Judge 2

In Brief

Continental Carbon India imported carbon black feed stock which customs authorities wrongfully detained, claiming it was hazardous. After proper clearance certificates were obtained and assessment completed (12 January 2015), the customs cargo service provider demanded Rs. 7.67 crores in demurrage charges. The High Court found the seizure improper and exempted the importer from demurrage charges, but only until 15 January 2015. The Supreme Court held that relief should extend to the date of the High Court's judgment. Since the goods subsequently deteriorated and became valueless, the Court directed full exemption from demurrage with authority for the service provider to auction the goods.

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Customs Law Warehousing and Storage Demurrage Charges Administrative Law Wrongful Seizure Remedies Procedural Justice

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