Samrat Vikram Warma v. Additional Commissioner Of Customs Ns I And ORS

98-WP-10372-25.DOCX Sayali SAYALI DEEPAK UPASANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SAYALI DEEPAK UPASANI Date: 2025.08.26 18:06:40 +0530 WRIT PETITION NO. 10372 OF 2025 Samrat Vikram Warma

...Petitioner

Versus

Additional Commissioner of Customs NS I And Others

...Respondents

______________________________________________________ Mr Prasanna Namboodiri with Himanshu S. Gavit, Pratibha Namboodiri, A. Bankapur, Mr. Yogesh Ugale , for Petitioner.

Ms. Shilpa Goel, for Respondent No. 1.

Mr. Shyamrishi Pathak, for Respondent No. 2.

______________________________________________________

CORAM:

M.S. Sonak & Jitendra Jain, JJ.

DATED:

26 August 2025 PC:- 1.

Heard learned Counsel for the parties.

2.

Mr. Namboodiri, learned Counsel for the Petitioner, states that the Petitioner has paid an amount of Rs.13,02,61,160/- towards discharge of duty liability, interest and penalty. This amount has been paid without lodging any protest and by admitting the liabilities.

3.

Ms. Goyal and Mr. Pathak, learned Counsel for the Respondents, on instructions, admit to having received the aforesaid payment.

98-WP-10372-25.DOCX 4.

On instructions, Ms. Goyal and Mr. Pathak state that the Respondents do not wish to issue any show cause notices under the provisions of Section 28(5) and 28(6)(i) of the Customs Act. On instructions, they further state that the seized goods will be released to the Petitioner forthwith.

5.

Mr. Pathak also refers to a communication dated 16 April 2025 addressed by the DRI to Allcargo Terminals Limited and states that this letter/certificate is a demurrage waiver certificate which has already been issued in this matter. 6.

The communication dated 16 April 2025 refers to provisional release of the seized goods. Possibly, at that time, all the payments had not been made by the Petitioner. Now that all the payments have been made by accepting the liability, there is no question of the release being provisional. 7.

The Petition is disposed of by accepting the statement made on behalf of the learned Counsel for the parties in the above terms.

8.

If there is any issue of detention charges, the Petitioner is free to make a representation in that regard to the appropriate authority. If such representation is made, the appropriate authority to consider the same in accordance with law. (Jitendra Jain, J) (M.S. Sonak, J)