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2025 Supreme(Online)(Guj) 8495

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, PRANAV TRIVEDI, JJ
RAJESHKUMAR AMRATBHAI PATEL – Appellant
Versus
UNION OF INDIA & ORS. – Respondent


Advocates:
For the Petitioner(s): AADITYA D BHATT
For the Respondents: MR PRADIP D BHATE, MS. KETKI P JHA

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1 Heard learned advocate Mr.Aaditya Bhatt for the petitioner and learned advocate Ms.Ketki Jha for the respondent.

2 By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 30.05.2025, whereby, the respondent – Commissioner of Customs (NS-V, JNCH), has permitted the provisional release by directing the petitioner to execute a bond of Rs.2,20,00,000/- with an undertaking that petitioner shall pay the duty, fine and penalty as may be adjudged by the adjudicating authority subject to the appellate provisions and further execute a bank guarantee of Rs.5 crore to cover the potential penalty under Sec.112(a) / 114A, 114AA and redemption fine under Sec.125 of the Customs Act, 1962 (for short ‘the Act’).

3 The brief facts of the case are as under:

3.1 The petitioner imported a new Toyota Land Cruiser LC300 Sahara from Dubai, UAE. The petitioner purchased the said vehicle in an arm’s length transaction for the total price of USD 54,000/- (approximately Rs.45.36 lakhs) from a seller, namely, Toyota Motors Corporation based in Japan through an agent AL Noor

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