‘Pakistani Ties Cannot Excuse Unlawful Seizure’: Bombay High Court Rebukes DRI Officer Over 56-Tonne Date Consignment

The Bombay High Court has sternly reprimanded an officer from the Directorate of Revenue Intelligence (DRI) for seizing two containers of imported dried dates that had already been legally cleared by Customs authorities. The officer reportedly justified the seizure by claiming that the products had connections to Pakistan.

The case was brought before the court by Make India Impex, a trading firm whose consignment of 56 tonnes of dried dates imported from Dubai was confiscated by the DRI after being duly cleared through customs procedures. The firm approached the High Court seeking relief against what it described as an unauthorized and arbitrary action.

A division bench of Justices M.S. Sonak and Advait Sethna heard the petition and observed that the DRI officer had acted beyond his jurisdiction by forcibly taking possession of goods that had already received customs clearance under Section 47 of the Customs Act.

The company, Make India Impex, asserted that although the consignment was imported from Dubai, the DRI alleged that the goods had a “Pakistan connect,” claiming that the dried dates had originated in Karachi and were rerouted through Dubai to bypass the Directorate General of Foreign trade (DGFT) directive prohibiting imports from Pakistan.

DRI Officer Acted ‘Without Lawful Authority,’ Says Petitioner

Representing the petitioner, advocate Sujay Kantawala argued that the DRI officer had acted “without lawful authority,” using coercive tactics to pressure customs brokers and transporters into returning the already cleared goods to the container freight station. This, Kantawala said, led to the termination of supply agreements and inflicted severe financial losses on the firm.

In response, the DRI officer admitted that the goods were retrieved after clearance but maintained that he had merely “requested” the parties to return the consignment and had not intimidated or threatened anyone.

‘Absence of Mala Fides Cannot Justify Illegality,’ Observes Court

The High Court categorically stated that the officer had “completely ignored statutory orders of clearance” issued under Section 47 of the Customs Act. The bench emphasized that even if an officer acts in good faith, “the absence of mala fides cannot substitute for acting contrary to law.”

“Even if the officer acted bona fide, the ends cannot justify the means,” the court said, underlining the importance of following due legal process and respecting established customs clearances.

The judges reiterated that the DRI must adhere to principles of natural justice and fair play. The agency must issue a show-cause notice and record its reasons to believe before taking any coercive action, even when information suggests a potential violation such as goods having Pakistani origin.

Court Grants Partial Relief to Importer

Observing that there had been “no minimum compliance with natural justice,” the bench granted partial relief to Make India Impex. It directed Customs authorities to either release the detained goods upon submission of a bank guarantee or issue a show-cause notice within a specific timeframe.

The court’s order stated that if the Customs department fails to issue a notice within the stipulated period, the importer’s goods must be released immediately. The judgment reaffirms that due process cannot be bypassed on mere suspicion of foreign links, even in cases involving politically sensitive origins.

Upholding Rule of Law and Trade Fairness

Legal experts have hailed the verdict as a strong reminder that executive overreach cannot be justified under the guise of National Security or trade restrictions. The judgment reinforces the rule of law and protects legitimate trade interests against arbitrary administrative actions.

By reaffirming the need for procedural fairness, the Bombay High Court has sent a clear message that statutory powers must be exercised within legal boundaries. The decision also underscores that geopolitical sensitivities, such as alleged Pakistani connections, do not override India’s constitutional and legal framework governing trade and customs operations.

Disclaimer: This report is based on official court proceedings and verified case records. Readers are advised to refer to the Bombay High Court’s official order for complete legal details and interpretations.