Maersk Line India Private Limited vs Union Of India & Ors.

“2.

The counsel for the respondent No. 1 UOI states that of the 39 containers, subject matter of this petition, 14 have been released and the balance containers are in the custody of respondents No.2&3 CCIL.

3.

The counsel for the respondents No.2&3 CCIL states that the importer has not got the goods contained in the containers released and not paid the duty and other charges and steps have to be taken for the auction of the goods, after obtaining 'No Objection Certificate' (NOC) from the 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 22^nd July & 31^st 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.”

“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 Corporation of India. The Customs Authority will have to find requisite means to de-stuff the containers so that the petitioners' containers are released to them. I am told that in some cases, containers are lying in the designated premises since 1996. This is an alarming situation, insofar as those containers are concerned, which have hazardous items stored in them.

6.

The Customs Authorities are, thus, directed to file a comprehensive report with this court which will detail out specifications vis-a-vis each petitioner and also the time frame within which they would de-stuff the container(s) and release the same to the concerned petitioners.

7.

For this purpose, Commissioner of Customs will convene a meeting with the Chief General Manager and the Executive Director.

7.1

Needful will be done within the next two weeks.

8.

Renotify the matter on 11.5.2018.

9.

These directions will apply mutatis mutandis to the Central Warehousing Corporation (CWC) as well.

10.

It is made clear that in cases where a "clear" NOC has already been issued, those containers would be de-stuffed immediately and the container will be released to the concerned party within four weeks from today.”

“4.

In this regard, it is directed that in all cases where goods have been detained by the Custom Authorities or any of its agencies, the concerned Custom Authorities shall take necessary steps for removing the goods 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 needful for releasing of the containers within a period of three months from today.”

“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 for CONCOR seeks time to take instructions with regard to seven containers. Insofar as the remaining fourteen containers are concerned, the learned counsel appearing for Customs/DRI states that CONCOR has not provided details with regard to these containers. In the circumstances, CONCOR is directed to provide complete details of the containers to Customs and DRI, within a period of one week from today, and DRI/Customs shall examine the same and issue a No Objection Certificate (NOC) within a period of four weeks, thereafter. In the event the goods are required to be retained for investigation or other purposes, DRI shall take steps to remove the same and make arrangements to store the same within a period of four weeks, thereafter. In the event a NOC is granted, CONCOR shall auction and/or destroy the goods as the case may be within a period of 90 days thereafter and, ensure that those containers are released to the shipping lines immediately, thereafter.

4.

List for compliance of 03.12.2019.”

“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 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.”