$~135 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011073192025 + W.P.(C) 19725/2025, CM APPL. 22750/2026 SAFELOGIC FREIGHT AGENCY LLC .....Petitioner Through: Ms. Aastha Sharma, Mr. Abhishek Kumar Garg, Mr. Manu Kumar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Ravi Mittal, GP, Adv. for R-1 Mr. Sanjay Jain, Sr. Adv.with Mr. R. K. Joshi, Mr. Ojusya Joshi, Mr. Nishank Tripathi Ms.HarshitaSukhija, Ms. Rishika Agrawal, Mr. Shreyan Srivastava, Advs. for R-4 Mr.BalenduShekhar Krishna Mr.Chaitanya, Mr.Divyansh Singh Dev, Mr. RajkumarMaurya, Mr. Rahul Rajput, Advs./CPCB Mr. Piyush Beriwal, Ms. Ruchita Shrivastava, Mr. Sparsh Jain, Advs. for R-2, 3, 5 CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 24.08.2026 1. On 20.08.2026, the following order was passed; “1. On 29.07.2026, the following order was passed: “1. After having heard learned counsel representing the parties, it appears that the dispute is driven more on account of ego than on any question of law. The Custom Authorities have filed an affidavit contending that the Respondent No.4 is required to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/08/2026 at 11:06:42 destuff the container and return the container to the Petitioner. 2. On the other hand, Respondent No.4 contends that it does not have adequate space for completion of the aforesaid process. 3. In the present case, the importer had misdeclared the goods and imported plastic trash in the container instead of aluminum. The importer has since absconded. Consequently, the stuffed container (PVC Regrind) has been lying in the yard maintained by Respondent No. 4 for the more than three years. 4. Keeping in view the aforesaid position, a last opportunity is granted to the Respondents to reconcile their differences, failing which this Court will be compelled to pass appropriate orders.” 2. Thereafter, on 18.08.2026, the following order was passed: “2. Despite an adjournment of 20 days, no substantive action appears to have been taken by Respondent No. 4. 3. Having regard to the peculiar facts and circumstances of the present case, particularly the fact that the container is stated to contain hazardous waste comprising plastic and metal scrap, the Central Pollution Control Board (CPCB) and the Delhi Pollution Control Committee (DPCC) are directed to be impleaded as Respondent Nos. 6 and 7, respectively. 4. Notice be served upon the newly impleaded Respondent Nos. 6 and 7 through their respective learned Standing Counsels.” 3. This Court is of the opinion that the present case is a typical instance of passing the buck. Neither the Central Pollution Control Board (CPCB) nor the Delhi Pollution Control Committee (DPCC) is willing to assume responsibility for the disposal of the hazardous goods. 4. The Container has, in the meantime, remained lying in the yard of the Container Corporation of India for the last four years. 5. In view of the aforesaid circumstances, one last opportunity is granted to the Respondents to inter se resolve the controversy. Failing such resolution, this Court may be constrained to pass appropriate and stringent directions. 6. The Chief Scientist/Senior-most Scientist of the Central Pollution Control Board (CPCB) as well as the Delhi Pollution Control Committee (DPCC) are directed to visit the Inland Container Depot (ICD), Tughlakabad, Delhi, and submit a report, before this Court, setting out the manner in which the alleged hazardous goods can be safely and lawfully disposed of, on the next date of hearing. 7. List the present matter on 24.08.2026.” 2. Pursuant to the aforesaid order, the Central Pollution Control This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/08/2026 at 11:06:42 Board (CPCB) has filed an Inspection Report, wherein it has concluded that the waste material contained in the container is not hazardous waste. 3. It is further noticed that the Customs Authorities, between 29.12.2025 and 01.01.2026, had sent e-mails to the Container Corporation of India Limited for de-stuffing of the container. However, no steps were taken, which led to the Petitioner filing the present Writ Petition. 4. Keeping in view the aforesaid position, the present Writ Petition is disposed of with a direction to the Container Corporation of India Limited/Respondent No. 4 to forthwith de-stuff the confiscated goods from Container bearing No. BEAU6295930. 5. At this stage, learned Senior Counsel representing the Container Corporation of India submits that the Customs Department should be directed to dispose of the confiscated goods within a specified period and that the Container Corporation of India ought to be compensated for the prolonged retention of the container. 6. It may be noted that the aforesaid issue is a matter inter se between the Container Corporation of India Limited and the Customs Department. The Container Corporation of India Limited is also a Public Sector Undertaking. 7. In the present Writ Petition, the prayer is to de-stuff the confiscated goods and hand over the container to the Petitioner.The prayer has also been made to waive detention, demurrage and storage charges leviable by the Container Corporation of India Limited/Respondent No.4. 8. Having regard to the peculiar facts and circumstances of the present case, the container bearing No. BEAU6295930, shall be This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/08/2026 at 11:06:42 handed over to the Petitioner without insisting upon payment of detention, demurrage or storage charges. 9. The remaining disputes, if any, inter se the Container Corporation of India and the Customs Department, shall be resolved amicably or in appropriate proceedings in accordance with law. The Customs Department shall also have liberty to recover the amount, if any, from the Importer, if permissible in law. 10. Accordingly, the present Writ Petition, along with the pending applications, if any, stands disposed of. ANIL KSHETARPAL, J. AMIT MAHAJAN, J. AUGUST 24, 2026 Pallavi/DG This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/08/2026 at 11:06:42