- (1.) The instant application under Art.226 of the Constitution raises a short but interesting point, namely, whether smaller vessels or daughter vessels carrying cargo to the port from bigger or mother vessels bringing goods from foreign ports, which on account of their size, weight etc., cannot enter the port and remain berthed outside but within Indian territorial waters, fall within the definition of - "Foreign going vessel'' so as to attract the provision of S.87 of the Customs Act, 1962.
(2.) The petitioner is a Shipping Agent and has been and is still acting as the local agent of M/s. A. Halcoussis Shipping Ltd., a foreign company incorporated in, the United Kingdom, which at all material times owned a motor tanker, namely, M.T. "PERICIES HALCOUSSIS."
(3.) By and under a Charter party Agreement dated 24th Sept. 1981. between the said Shipping Company and the President of Union of India, the said vessel was to carry bulk cargo of wheat from ports in U.S. Gulf at the Carterer's option and the said Charter party Agreement also provides, inter alia that the cargo is to be delivered at one or two safe ports or anchorages East Coast of India through its lightening vessel or one or two safe ports/anchorages West Coast of India through its lightening vessel or entire delivery at Calcutta through its lightening vessel at Charterer's option declarable on completion of the loading of mother vessel.;