Rapheal Pozholiparambil Thomas v. The Commissioner Of Customs And ANR

Digitally signed by MULEY SHUBHAM PRAVINRAO Date:

2025.10.01 19:49:51 +0530 MULEY SHUBHAM PRAVINRAO 17-WP-12527-2025.DOCX Shubham

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12527 OF 2025 Rapheal Pozholiparambil Thomas

...Petitioner

Vs.

The Commissioner of Customs & Anr.

...Respondents

______________________________________________________ Mr. Radhakrishnan R. i/by Neelam Glani for the Petitioner. Mr. J. B. Mishra for the Respondents.

______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.

DATED : 30 September 2025 P.C.:- 1.

Heard Mr. Radhakrishnan, learned counsel for the Petitioner. At our request, Mr. Mishra, who usually appears on behalf of the customs department appeared in this Petition. 2.

The Petitioner's grievance is that he was forced to pay customs duty of Rs.18,57,447/- upon his personal wrist watch despite the same being bona fide personal effect wore by the Petitioner and despite the fact that the same was exempted from payment of customs duty or any other charges. 3.

From the Petition, we find that the Petitioner has not fairly approached the customs department with his grievance and

17-WP-12527-2025.DOCX sought for a refund. There are averments about payment being made under protest but there is no clear written representation regarding this grievance now made in the Petition.

4.

Accordingly, we dispose of this Petition by giving the Petitioner liberty to file a detailed representation to the concerned customs authorities within two weeks and if such representation is made, we direct to the concerned customs authorities i.e. first Respondent to dispose of such representation in accordance with law and on its own merits. Such representation must be disposed of within six weeks from its receipt. All contentions are left open. 5.

A reasoned communication/order must be indicated to the Petitioner within this period of six weeks. 6.

Petition is disposed of in the above terms.

(Advait M. Sethna, J) (M. S. Sonak, J.)