JUDGMENT
Sat Pal, J.
(1) Rule D.B.
(2) In this petition the petitioner has challenged the order dated 9th January, 1991 wherein International Airport Authority of India, respondent No. 4 (hereinafter referred to as ‘IAAI’) has asked the petitioner to take delivery of his goods on payment of balance demurrage charges for the period from 7th August, 1989 to 12th July, 1990 for which a detention certificate has been issued by the Collector of Customs, New Delhi.
(3) The Additional Collector of Customs, New Delhi vide order dated 8th November, 1989 bad directed confiscation of the goods imported by the petitioner on the ground that the said goods were misdescribed by the petitioner. By this order the petitioner was, however, given the option to redeem the goods on payment of redemption fine of Rs. 10,000 and also a personal penalty of Rs. 5000. The petitioner challenged this order before the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi. The Tribunal vide order dated 3rd July, 1990 set aside the order passed by the Additional Collector of Customs. The petitioner, thereafter, approached the Collector of Customs who issued the necessary detention certificate for the period from 7th August, 1989 to 12th July, 1990.
(4) The learned Counsel for the petitioner contended that the petitioner has no liability for payment of demurrage charges in view of the detention certificate issued by the Collector of Customs. He submitted that the Iaai is the custodian on bebait of Customs Authority under Section 45(2) of the Customs Act, 1962 and as such after issuance of the detention certificate by the Customs Authority, the Iaai was under an obligation to release the goods without payment of demurrage charges for the period mentioned in the said certificate. In support of his contention the learned counsel relied on a Division Bench judgment of this Court in the case of M/s. Trishul Impex v. Union of India 1991 (2) Delhi Lawyer 1.
(5) Mr. Aruneshwar Gupta, who appeared on behalf of the Iaai, however, contended that in terms of International Airport Authorities (Storeage & Possession of (Goods) Regulations, 1980, the Chairman of Iaai in his discretion can waive the charge in deserving cases and he has already granted 80% waiver of demurrage charges as mentioned in the impugned order dated 9th January, 1991. We are not inclined to agree with the contention of the learned Counsel for IAAI. We are of the opinion that since Iaai is the custodian on behalf of the Customs Authority and after issuance of the detention certificate by the Customs Authority, Iaai is not entitled to recover any amount on account of demurrage charges from the petitioner for the period for which the detention certificate has been issued.
(6) We, therefore, allow this writ petition and direct Iaai to release the goods of the petitioner without any demurrage charges for the period for which the detention certificate has been issued by the Collector of Customs, However, we make no order as to costs.