JUDGEMENT
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(1.) The steps taken by the Port Trust Authorities, Kolkata regarding sale
of the imported goods of the petitioner-company as uncleared/unclaimed
cargo in terms of Sections 61 and 62 of the Major Port Trusts Act have
been challenged in this Writ Petition.
(2.) The petitioner-company imported three consignments of copper
scrap in six containers through Haldia Dock Complex. Even though the
petitioner-company is carrying on business at Nepal but for import and / or
export of goods through sea, it has to depend on the Ports of India due to
geographical reason. Since Nepal is a land-locked country, petitioner
company uses territory of India as corridor for transit facility through Ports.
(3.) By a treaty between the Government of Nepal and the Government
of India, a traffic-in-transit facility has been accorded to the goods imported
and/or exported by Nepalese citizen or a company. In the present case,
petitioner has imported the goods for transit to Nepal and the goods arrived
at Haldia Port for its ultimate destination to Nepal.;
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