Statutory powers must be exercised lawfully and in compliance with due process; failure to do so regarding the release of goods can lead to unlawful detention, necessitating redress.

JUDGMENT :

M.S. SONAK, J.

1. Heard learned counsel for the parties.

2. Rule. The rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.

3. This Petition, apart from seeking action against the sixth Respondent, seeks the release of goods covered under Bill of Entry No. 3375923, dated 19 July 2025, comprising approximately 56 tons of dry dates.

4. The record shows that after the Bill of Entry was filed on 19 July 2025, the Customs Authorities, by exercising the powers vested in them under Section 47 of the Customs Act, cleared the goods by issuing an Out of Charge (‘OOC’) order on 24 July 2025, at 19.23 hours. The record prima facie shows that during the period between 19 July 2025 and 24 July 2025, due verification was carried out by the Customs Authorities. Besides, the OOC was issued after a release order was made on 24 July 2025 by the Ministry of Agriculture and Farmers Welfare, Government of India, and a No-Objection Certificate for clearance of imported food was issued by the Food Safety and Standards Authority of India on 19 July 2025 itself.

5. The Petitioner, upon payment of the entire assessed customs duty of Rs. 6,30,361.7/- was issued a gate pass – custodian copy – OOC on 24 July 2025 itself, pursuant to which the imported goods were physically taken out from the jurisdiction of the Customs Authorities by engaging the transporters and the Customs Handling Agents (‘CHAs’) for delivery to the suppliers, at around 19.25 hours on 24 July 2025.

6. The Petitioner, in paragraph No. 8 of the Petition, has pleaded the following in relation to what, according to the Petitioner, transpired after the imported goods were taken out pursuant to the Out of Charge order and the gate pass. The averments in paragraph No. 8 are quite telling, and therefore, transcribed below for the convenience of reference:-

“8. The Petitioner states that the Petitioner complied with all the required procedures and after getting the Out-of-Charge, obtained the Gate Pass around 19:25 hours and the imported goods were cleared out of the J.M. Baxi CFS at 20:30 hours on 24.07.2025. The containers thereafter, on two separate trucks moved physically out of the CFS towards Vashi, Navi Mumbai. Annexed hereto and marked as Exhibit "G" is a copy of Gate Pass No.2064969186 dated 24.07.2025. The goods/containers thereafter, proceeded to nominated Warehouse at Vashi, Navi Mumbai. The DRI Officers including one Mr. Sumit Kataria started calling up various people and completely ran amok and ordered and threatened the Customs Broker and Transporter to anyhow bring the already cleared goods after payment of Assessed Custom Duty and Examination, back into the CFS, in order to show that the goods never left the CFS. However, the goods / containers were brought back to the CFS under force and compulsion at 06530 p.m. approx. on 25.07.2023 under threat of taking severe actions and the Transporter / Customs Broker were left with no choice but to succumb to the illegal dictates and highhanded actions of Respondent No.5 and his colleagues. Both the containers are presently lying in J.M. Baxi CFS despite getting the Out-of-Charge and issuance and digital signature on the Gate Pass. The Petitioner craves leave to refer and rely upon the CCTV Footage in support of the above.”

7. The Petitioner has also pleaded that the action of Mr Sumit Kataria (R6) was taken without lawful authority, was arbitrary, and was high-handed. The Petitioner has pleaded that due to the actions of the sixth Respondent, a cascading effec