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TMI Blog2025 (1) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... ng passed in the unique facts and circumstances of the present cases which have been pending for several years. The legal issues raised are left open. The appearance of Ms. Anju Gupta and Mr. Roshan Lal Gupta, ld. Counsels for Respondent No. 1 in W.P.(C) 2580/2018 may be reflected in order dated 10th December, 2024. Petition disposed off. - JUSTICE PRATHIBA M. SINGH AND JUSTICE AMIT SHARMA For the Petitioner Through: Mr. Aditya Rathee, Adv (M:9711872737)., Mr. Biju Joseph, Mr. Hardik Vashisht, Ms. Ashly Prakash, Mr. Taranjeet Phul, Advs. Mr. Premtosh K. Mishra, CGSC with Mr. Manish Vashist Ms. Sanya Kalsi, Advs for R-1/UOI For the Respondents Through: Ms. Anushree Narain, Sr. Standing Counsel with Mr. Ankit Kumar, Adv for Customs (M:9910014337) Mr. Rishi K. Awasthi, Mr. Piyush Vatsa, Mr. Avinash Ankit, Mr. Rahul Kumar Gupta, Advs for R-2/CONCOR Mr. Satish Aggarwala, Sr. Standing Counsel for DRI Mr. Amit Tiwari CGSC with Mr. Ayush Tanwar, Adv for UOI, Ms. Anju Gupta Mr. Roshan Lal Goel, Advs for UOI/R-1 (M:9654169406) Mr. Ankit Kumar, Adv for Customs (M:9910014337) Mr. Rishi K. Awasthi, Mr. Piyush Vatsa, Mr. Avinash Ankit, Mr. Rahul Kumar Gupta, Advs for R-2/CONCOR PRATHIBA M. SIN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Custom Authority and the containers cannot be released before that. 4. The right of the respondents No. 2 3 CCIL to so detain the containers has been enquired into. 5. Though the counsel for the respondents No. 2 3 CCIL states that there are rules in this regard but has not filed affidavit, insptie of being served on 22nd July 31st July, 2015. 6. The respondents No. 2 3 CCIL ought to have shown some expediency in the matter. This petition itself has been pending in this Court for more than one and a half years. It prima facie appears that the containers cannot be so withheld indefinitely, while the respondents No. 2 3 CCIL and the Custom Authorities go about their task. 6. On 27th February, 2018, the ld. Single Judge of this Court, while considering the present batch of petitions directed the Customs Authorities to file a comprehensive report detailing specifications qua each Petitioner and the time frame within which the respective containers would be de-stuffed and released to the concerned Petitioner. The relevant portion of the Order dated 27th February, 2018 reads as under: 2. Under the provisions of Section 48 read with Section 150 of the Customs Act, the Customs Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s from the containers and warehousing them either on their own or by issuing NOC to the CONCOR for auctioning of the said goods. In cases where goods have been detained on account of the involvement of other agencies such as police authorities or on account of investigation by officers of the Directorate of Revenue Intelligence, the concerned Custom Authorities shall give due notice to those said authorities. They shall be entitled to take such measures instead of the said goods within a period of three months failing which, on the strength of this order, CONCOR shall take necessary steps for removal of the goods from the said container and to warehouse them separately. 5. It is clarified that CONCOR is not precluded to recover the costs of warehousing if otherwise entitled, in accordance with law. It is clarified that this Court has not entered into such controversy whether cost can be recovered from the shipping lines. The said question is open and the CONCOR is entitled to take such steps in accordance with law. However, containers cannot be withheld and are required be released. 6. In those cases where NOC have been granted by the Customs Authorities, CONCOR shall do the needfu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch a small issue in respect of release of containers, a comprehensive status report was called for from Customs Department as also CONCOR. The relevant portion of the Order dated 10th December, 2024 is extracted hereunder: 10. It is seen in these matters that there are a large number of containers which have not been released for approximately more than a decade. It appears that the Customs Department and Container Corporation of India Ltd. (hereinafter CONCOR ) are at odds with each other. The Customs Department submits that the containers were detained for so long due to investigations by various authorities and that currently a substantial number of containers have been released. The petitioners disagree with this fact. However, CONCOR s stand is that the containers have not been released yet because the Petitioners have not paid the Terminal Service Charges (hereinafter TSC ) levied on them. 11. Be that as it may, this Court is of the opinion that these containers cannot be kept for so long without being released. The entire purpose is being defeated by the callous manner in which both the Departments have dealt with the containers. 12. Let a comprehensive report be placed on r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 48 of the Customs Act, 1962 for disposal of goods 5 HLXU2130514 11.10.2008 As per available records, not pending with Customs As per CONCOR mail dated 17.12.2024, Empty handed over to S/L post disposal of the cargo therein on 13.10.2021 6 HLXU2290488 07.02.2010 As per available records, not pending with Customs Transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods 7 MLCU9701134 16.04.2007 As per available records, not pending with Customs Transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods 8 BHCU4929116 05.08.2010 Hold by SIIB / DRI / Preventive As per CONCOR mail dated 17.12.2024, Empty container handed over to S/L post disposal of the cargo 9 CMUU4606789 18.10.2008 As per available records, not pending with Customs Transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods 10 CPSU6447848 12.04.2014 As per available records, not pending with Customs Transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods 11 FSCU9201920 29.08.2009 As per available records, not pending with Customs As per CONCOR mail dated 17.12.2024, Empty container handed over t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot pending with Customs Transferred to CONCOR for further action. 3 GESU1344896 08.10.2014 As per available records, not pending with Customs Transferred to CONCOR for further action. 4 TCNU6007482 - As per available records, not pending with Customs As per CONCOR mail dated 17.12.2024, Empty container handed over post disposal of the consignment on 25.07.2024 5 DFSU6752040 - As per available records, not pending with Customs As per CONCOR mail dated 17.12.2024, Empty container handed over post disposal of the consignment on 26.07.2024 6 HDMU6404824 16.05.2013 As per available records, not pending with Customs Transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods 7 BMOU2331782 17.07.2014 As per available records, not pending with Customs Transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods 8 TCNU8653244 07.09.2014 As per available records, not pending with Customs Transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods 9 HDMU6797172 13.06.2015 As per available records, not pending with Customs Goods confiscated. One of the Noticee filed an appeal before the SDM, Kalkaji. 10 DFSU6192882 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds, not pending with Customs Transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods WPC No. 648/2016-TRANS ASIAN SHIPPPING SERVICES PVT. LTD. VS.UOI ORS All the 4 containers have already been transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods. 13. Further, in addition to the above, it is submitted by the ld. Counsel for the Customs Department that for 20 subject containers action for disposal of goods is being initiated by the Customs Department itself. For ease of reference, the details of the said containers are as under: S.No Container No. Arrival Remarks Present Status WPC No. 945/2014-HAMBURG SUD INDIA PVT. LTD. VS.UOI ORS 1 FSCU9527291 26.04.2011 Detained by Customs (Preventive) Action for disposal of goods being initiated. 2 SUDU7903234 20.07.2011 Investigation Pending with Customs Action for disposal of goods being initiated. WPC No. 2580/2018-MSc AGENCY INDIA PVT LTD. VS.UOI ORS 1 TCNU7667388 11.06.2011 Detained by Customs (DRI) Action for disposal of goods being initiated. WPC No. 4207/2014-HYUNDAII MERCHANT MARINE INDIA PVT. LTD. VS UOI ORS 1 HDMU6449238 17.09.2010 Detained by Customs Action for disposal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to auction/dispose of the goods in accordance with law and release the containers within the next 90 days. 16. The ld. Counsel for CONCOR submits that wherever goods have been destroyed, the destruction cost is to be paid by the Petitioners. Ordered accordingly. No other charges would be payable to CONCOR. 17. The ld. Counsels have also submitted that out of the 170 remaining containers, in respect of 20 containers there is either a pending Police/Court case or some other investigation by the agencies such as CBI is ongoing. 18. In respect of the said 20 containers, let the containers be de-stuffed and be released to the respective shipping lines within a period of three months in the presence of the concerned investigation agency s officials. 19. The present order is being passed in the unique facts and circumstances of the present cases which have been pending for several years. The legal issues raised are left open. 20. The appearance of Ms. Anju Gupta and Mr. Roshan Lal Gupta, ld. Counsels for Respondent No. 1 in W.P.(C) 2580/2018 may be reflected in order dated 10th December, 2024. 21. The present petitions are disposed of in above terms. Pending applications, if any, are also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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