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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 ..... 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. SINGH, J. (ORAL) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed on behalf of the Petitioner under Article 226 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the Respondents to release various containers (hereinafter "subject containers") containing imported consignments that have not been released to the respective Petitioners for various reasons. 3. It is the case of the Petitioners that the subject containers have been held up by the Respondents being the Customs Department as also the Container Corporation of India Limited (hereinafter "CONCOR"). It is stated that present petitions have been filed and are pending since 2014 and despite various representa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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, I am told, is entitled to issue a No Objection Certificate (NOC) to the Container Corporation of India to enable them to de-stuff the container and sell the items contained therein. 3. I am further informed that in certain cases, materials contained in the container are hazardous and therefore, requisite safety measures will have to be taken. 4. Importers have clearly abandoned the goods stored in containers. Resultantly, petitioners/ transporters are suffering, for no fault of theirs being unable to use the containers for business purposes over long periods of time. 5. Given these circumstances, in my view, the problem at hand has to be sorted out by the Customs Authority by interfacing with Container Corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 needful for releasing of the containers within a period of three months from today." 8. Further, on 01st August, 2019, the Court had passed further directions specific to the lead petition being W.P. (C) 945/2014 and the same are extracted here: "2. The present petition relates to 39 containers, which are stated to be in the possession of the Container Corporation of India Limited (CONCOR). It is stated that sixteen, containers had already been handed over to the petitioner; seven containers did not arrive at ICD Tughlakabad; two containers had initially arrived at ICD Tughlakabad but were later on forwarded to Mumbai; and the balance are pending clearance. 3. The learned counsel appearing f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 record in the main matter being W.P.(C) 945/2014 giving the details of all the containers in each of the writ petitions and their current status and if no report has been filed by the next date of hearing, all the containers shall be liable to be released by this Court. 13. All Counsels shall appear physically in these matters. 14. If the proper instructions are not obtained and report is not filed by the next date, the concerned Commissioner of Customs Department shall remain present in Court." 12. Today, a status report has been filed by the Customs Department which includes the updated status report qua the subject containers which are pending for either destuff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 929116 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 to S/L post disposal of the cargo therein on 20.10.2021 12 HLBU1151080 22.10.2014 As per available records, not pending with Customs As per CONCOR mail dated 17.12.2024, Empty container handed over to S/L post disposal of the cargo therein on 20.03.2023 13 HLBU1164488 10.09.2016 As per available records, not pending with Customs Transferred to CONCOR under Section 48 of the Customs Act, 1962 for disposal of goods 14 HLXU4581266 16.04.2011 As per available records, not pending with Customs Transferred to CONCOR under Section 48 of the Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.12.2024, 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 - 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 22.07.2024 11 GESU6490316 - 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 12 TCLU5894554 - As per available records, not pending with Customs As per CONCOR mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 of goods being initiated. WPC No. 9989/2019-HAPAG LLOYD VS UOI & ORS. 1 TGHU7231478 06.10.2008 Hold by Preventive Action for disposal of goods being initiated. 2 TGHU8391085 24.01.2015 Hold by SIIB/DRI/Preventive Goods have been confiscated. Action for disposal of goods be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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