Adon Agro Commodities Limited v. Union Of India (Thr The Sec. Ministry Of Law And Justice And ORS

2025:BHC-AS:57175-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17403 OF 2025 Adon Agro Commodities Limited .. Petitioner

Versus

Union of India and Ors.

.. Respondents Mr. Prakash Shah Senior Advocate, with Mr. Brijesh Pathak & Mr. Dulraj Jain and Ms. Vaishnavi Murkute, for the Petitioner. Mr. J.B Mishra, with Ms. Sangeeta Yadav, for Respondent No.3. Mr. Satyaprakash Sharma, with Mr. Abhishek R. Mishra, for Respondent Nos. 1 and 2.

CORAM: B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.

DATE:

P. C.

1.

This Petition is filed under Article 226 of the Constitution of India inter alia seeking (i) forthwith release of Inshell Walnuts imported by the Petitioner and covered under six Bills of Entry Nos. 6012666, 6012701, 6012703, 6012704, 6012799 and 6012800, all dated 30th November 2025; and (ii) a direction against Respondent No. 2 to issue a certificate of waiver towards demurrage and other charges in terms of Rule 6(1) of the Handling of Cargo in Customs Area Regulations, 2009.

2.

It appears that before the Petitioner could clear the goods for home consumption, on 12th December 2025, the Petitioner received an email from the Special Intelligence and Investigation Branch, JNCH (SIIB) informing the Petitioner that 10 containers of the Petitioner are put on hold as per the instructions of Respondent No. 3 (DRI). However, during the course of the hearing, the Petitioner brought to our notice a letter dated 22nd December 2025 issued by Respondent No.3 informing Respondent No. 2 that the Inshell Walnuts covered under the six Bills of Entry mentioned above, are seized vide seizure memo dated 22nd December 2025. Further, Respondent No.3 (DRI) in the said letter also stated that it has no objection to the provisional release of Inshell Walnuts. A copy of the said letter is tendered to the Court which is taken on record and marked "X" for identification. 3.

In light of the aforesaid letter of the DRI, the learned Advocate appearing for Respondent No.2, on instructions, states that the goods of the Petitioner, namely Inshell Walnuts covered under the six Bills of Entry mentioned above, shall be provisionally released within 2 weeks from today on such terms and conditions as may be fixed by Respondent No.2. The said statement is accepted as an undertaking given to this Court.

4.

Whilst considering the provisional release, Respondent No.2 shall also consider the request of the Petitioner for issuance of a certificate of waiver of demurrage and other charges in terms of Rule 6(1) of the Handling of Cargo in Customs Area Regulations, 2009 or any other applicable law. 5.

The Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs.

6.

Though we have disposed of the above Writ Petition, we place it on board for reporting compliance on 7th January 2026. 7.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.] Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 24/12/2025 11:27:17