Delhi High Court Slams Customs-CONCOR Standoff Over Container, Says Dispute Driven By 'Ego' Not 'Law'

The Delhi High Court recently observed that a dispute between the Customs Department and the Container Corporation of India (CONCOR) over the release of a shipping container appeared to be "driven more on account of ego than on any question of law," after the container remained stranded for more than three years.

A Division Bench of Justices Anil Kshetrapal and Shail Jain made the observation while hearing a plea filed by Ukraine-based freight forwarding company, seeking release of its container lying at the Inland Container Depot, Tughlakabad.

Petitioner submitted that it had shipped a consignment described as "PVC Regrind" from Spain to an Indian consignee through a shipping line company. However, upon the container's arrival in India, the consignee discovered that the goods had been misdeclared and alleged that it had been defrauded by the consignor.

The Customs Department then confiscated the goods in February 2025, but no directions were issued regarding the release of the container “despite repeated representations” by the petitioner.

On Wednesday, the Court noted that the Customs authorities had filed an affidavit stating that CONCOR was required to destuff the container and return it to the Petitioner. CONCOR on the other hand, contended that it lacked adequate space to complete the process.

In this backdrop the Court remarked, "it appears that the dispute is driven more on account of ego than on any question of law."

It further noted that the importer had allegedly misdeclared the goods by importing plastic trash instead of aluminium and had since absconded, resulting in the stuffed container remaining in CONCOR's yard for over three years.

Granting one “last opportunity”, the Court directed the authorities to “reconcile their differences”, failing which the Court will be “compelled to pass appropriate orders”.

The matter is listed for final disposal on August 18.

The case has been pending before the High Court since December 2025. At the initial hearing, a Division Bench of Justices Prathiba M. Singh and Shail Jain had observed that the container could not be indefinitely retained merely because the shipper had misdeclared the goods. The Court has then sought instructions on releasing the container.

Subsequently, another Bench had directed CONCOR to report the action taken for releasing the container and cautioned that failure to comply could invite proceedings against its highest officer.

For Petitioner: Advocates Aastha Sharma and Abhishek Kumar Garg.

For Respondents: Government Pleader Ravi Mittal and Advocate Arushi Mittal for Respondent No. 1; Advocates Piyush Beriwal, Ruchita Shrivastava and Sparsh Jain for Respondent Nos. 2, 3 and 5; Advocates R.K. Joshi, Ojusya Joshi and Shabnam Joshi for Respondent No. 4.