DEEPAK GUPTA, J. - (1.) Leave granted.
(2.) These civil appeals filed by the Union of India and the Mumbai Port Trust are directed against the judgment dated 23.12.2016 passed by the High Court of Punjab & Haryana at Chandigarh in CWP No. 10021 of 2016 and CWP No. 10036 of 2016, whereby the High Court allowed the writ petitions and held Signature Not Verified that Digitally signed by MEENAKSHI KOHLI the detention of the goods imported by the writ petitioners/importers (respondent-importers herein) by the Customs, at the instance of the Directorate of Revenue Intelligence (for short DRI), was totally illegal. The High Court directed that the goods imported by the respondent-importers be released to them on payment of custom duty. It further directed that the Port Trust was not entitled to charge any demurrage in view of Regulation 6(1) of the Handling of Cargo in Customs Areas Regulations, 2009 (in short 2009 Regulations) since the Customs had issued detention certificate. The detention charges demanded by the Shipping Line were ordered to be borne by the DRI and/or the Customs. The writ petitioners/importers were also held entitled to costs of Rs.50,000/- each to be paid by the Department.
(3.) The facts of the case are that the respondent-importers are two sister concerns viz., (1) Inder International, a partnership firm, and (2) M/s Shri Lakshmi Steels, a proprietorship firm. These firms deal in the import and trading of cold rolled coils and sheets (primary and secondary). Both the importers had imported various consignments of cold rolled coils. We are concerned only with ten consignments imported on three dates. The first batch of consignments of coils was imported vide bills of entry dated 04.12.2015 and the goods imported were declared to be cold rolled sheets/coils. The bills of entry for the second and third consignments were presented on 11.12.2015 and 29.12.2015 respectively.;