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902-WPL 42323-25.DOC

2026:BHC-OS:3584-DB

Digitally

signed by

PRAJAKTA

PRAJAKTASAGAR

SAGAR VARTAK

VARTAK Date: Prajakta Vartak

2026.02.06

21:05:37 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

+0530

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION (L.) NO. 42323 OF 2025

Santa Monica Farm Produce Pvt. Ltd. ...Petitioner

Vs

Union of India & Ors. ...Respondents

_________

Mr. Mohan Jayakar, Mr. Rishi Patodia, Mr. Atharva Gade and Mr. Gaurav Dalvi

i/b. Jayakar & Partners for Petitioner.

Mr. Abhishek Mishra for Respondent Nos. 2 & 3.

Mr. J. B. Mishra with Ms. Sangeeta Yadav and Mr. Rupesh Dubey for Respondent

No.4.

__________

CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

DATE: 05 FEBRUARY 2026.

Oral Order : (Per G. S. Kulkarni, J.)

1. This petition under Article 226 of the Constitution of India is filed praying

for a direction that the respondents be directed to forthwith release the goods

imported by the petitioner, namely ‘in-shell walnuts’, stated to have been

imported from the United States of America (USA), under the Bills of Entry

lodged in the office of respondent no.2 on 08 December 2025, copies whereof are

annexed at Exhibits E to H to the petition.

2. Briefly stated the facts are :-

It is the petitioner’s case that the petitioner purchased USA-origin ‘in-shell

walnuts’ from one Diamond Foods LLC, USA. The goods aggregated to

approximately 8,000 net kilograms, which were intended for commercial sale in

India. It is stated that the invoices were raised in the ordinary course of

international trade and were accompanied by the requisite shipping documents.

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In December 2025, the consignments were shipped from Oakland, USA, to the

Jawaharlal Nehru Port, Navi Mumbai, under four Bills of Lading. The petitioner

contends that the goods constitute agricultural produce and are perishable in

nature, requiring timely clearance and appropriate storage conditions, to preserve

their quality and commercial value. Upon arrival of the goods on 08 December

2025, the petitioner, through its duly appointed Customs House Agents, filed

four Bills of Entry before respondent no.2 for home consumption, making all the

statutory declarations. No discrepancy whatsoever was revealed or raised at the

time of filing of the Bills of Entry.

3. On 11 December 2025, the Bills of Entry were duly assessed by the

Customs Officer, and the customs duty, as assessed, was paid in full by the

petitioner. At that stage, no queries, objections or conditions were imposed by the

customs authorities at the time of assessment, and the goods thus became eligible

for release under Section 47 of the Customs Act, 1962 (for short, “the Act”). On

17 December 2025, upon arrival, the goods became available for clearance.

However, despite assessment and payment of duty, the imported goods were put

on hold by the respondents that too without any reason and/or issuing any show

cause notice or a detention memo or written order.

4. The petitioner, being aggrieved by such action on the part of the

respondents, addressed an email dated 20 December 2025 to the respondents

seeking immediate release of the duty-paid goods, also highlighting, that the

goods were perishable in nature, having imminent chances of deterioration, as

also a concern on mounting demurrage. The petitioner also raised a grievance

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regarding detention charges. However, no response whatsoever was received.

Despite several representations, no show cause notice under Section 124 of the

Act was issued. It is in these circumstances, on 23 December 2025, the present

petition was filed praying for the following reliefs:-

“a. This Hon'ble Court be pleased to issue a Writ of

Mandamus, or a Writ in the nature of Mandamus or any other

appropriate Writ, Order or Direction under Article 226 of the

Constitution of India, ordering the Responden