JAYATA KUMAR BISWAS, J. - (1.) This appeal is against the Judgment and order dated 5th March 1998 passed by the learned single Judge in Writ Petition No. 6 of 1998. The appellants were the respondent Nos. 1, 2 and 3 in the said writ petition, which was filed by the respondent Nos. 1 and 2 herein (hereinafter referred to as "the writ petitioners") .
(2.) The Calcutta Port trust (in short "C. P.T.") debited Rs.1,16,134.00 to the deposit account of the writ petitioner No. 1 (hereinafter referred to as "Empress Shipping"). The amount was debited on account of demurrage charges for the period from 10th November 1995 to 23rd October 1997 levied on a cargo loaded export container. In the concerned bill Empress Shipping was shown by the C. P. T. as the agent of the said container. The learned Judge by the impugned judgment and order held that such action of the C. P. T. was illegal, and allowed the writ petition with costs and consequential directions for refund of the amount and release of the container.
(3.) In May 1995 Empress Shipping let out a container on rental basis to one M/s. Jain Exports. It was container No. TPXU 6510105 meant to be shipped for export of the loaded cargo owned by the said M/s. Jain Exports. By letter dated 25th August 1995 the Preventive Officer of the Directorate of Revenue Intelligence informed Empress Shipping that permission of shipping of the said loaded export container would remain held up till the examination of the cargo loaded therein was over. The C. P. T. also, by a letter dated 25th August 1995, sent through the dock site office of Empress Shipping, informed it that the shipping would not be allowed till further order from the Preventive Officer of the Directorate of Revenue Intelligence. On 26th August 1995, the officials of the said Directorate opened the said container, drew the samples of the export cargo loaded therein, and duly sealed the same. The authorities found that while the declared cargo was 200 cases of ophthalmic lenses (piano), the cargo loaded in the said container was actually low valued ordinary glass pieces.;