There are few court decisions to date on
Convention applicable international interests
or NCRIs. There is one decision that illustrates
in a partial way the point that Article 39 of the
Convention does not create a treaty-based
detention right that could be utilized outside of
the declaring State. In Corporate Aircraft Funding
Company LLC v. Union of India & ORS, W.P.(C)
792/2012, High Court of Delhi at New Delhi,
March 14, 2013, the High Court determined
that powers under the Customs Act of India,
which appear to have included a power of
detention, could not be exercised when the
subject aircraft was outside of India