Delhi HC Slams Customs Over 'Systemic' Delays in Clearing Passenger Goods
The Delhi High Court criticizes Customs authorities for systemic delays in adjudicating detained passenger goods, causing heavy demurrage charges.
The Delhi High Court has taken a stern view of the Customs authorities' failure to timely adjudicate cases involving detained passenger goods, warning that administrative inefficiency should not be used as a tool to punish travelers. The court highlighted a troubling pattern where goods remain stuck in warehouses for extended periods, leading to an endless accumulation of demurrage charges for the owners.
Administrative Inaction as a 'Punitive Measure'
A Division Bench, consisting of Justice Avneesh Jhingan and Justice Shail Jain, expressed serious concern over the systemic nature of these delays. The court observed that when the Customs Department fails to act, the financial burden falls squarely on the passengers through mounting storage fees, even while the legal status of their goods remains undecided.
The proceedings were triggered by a petition filed by Mr. Niyamat Khan against the Commissioner of Customs at Indira Gandhi International (IGI) Airport and another respondent. The timeline of the case underscores the frustration faced by passengers:
- January 2025: The petitioner's goods were first detained.
- August 2025: A notice for a personal hearing was finally issued.
- November 2025: A writ petition was filed due to the lack of progress.
- February 2026: Notice was issued for the writ petition.
- November 3, 2026: The matter remained unadjudicated.
The Customs Department's Defense
During the hearing, the Customs Department attempted to justify the delay by claiming that the proceedings had stalled because the petitioner failed to attend the scheduled personal hearing. However, the Bench dismissed this reasoning, noting that the Department was well aware of the pending writ petition since November 2025 and had still failed to bring the adjudication process to a conclusion.
A Widespread Problem
The Court remarked that Mr. Khan's case is not an isolated incident. The Bench pointed out that detained goods are frequently left languishing in warehouses for months, and in some instances, years. A critical point of concern raised by the judges was that demurrage charges do not stop once an initial Order-in-Original is passed; they can continue to accrue if the Department pursues further litigation or revisional orders.
Court's Directives for Systemic Change
Seeking a permanent solution to this bottleneck, the Delhi High Court has ordered the following:
- Procedural Reform: The panel counsel for the Customs Department has been directed to assist the court in establishing a consistent and expedited procedure for adjudication.
- Detailed Accountability: The Department has been granted three weeks to file a comprehensive affidavit explaining the situation.
- Data Collection: The Chief Commissioner of Customs has been tasked with gathering data from various airports and the Central Warehousing Corporation to determine the total volume of pending cases involving detained goods.
The court has scheduled the next hearing for November 27, 2026, to review the progress and the data submitted by the authorities.