HC Orders Release of Seized Goods on Bond & Bank Guarantee

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Provisional release of goods HC direction on seized goods Bond and bank guarantee Customs detention
Case Details: Shreehari Ananta Overseas Pvt. Ltd. Versus Commissioner of Customs (2025) 32 Centax 300 (Del.) 

Judiciary and Counsel Details

  • Prathiba M. Singh and Rajneesh Kumar Gupta, JJ.
  • S/Shri Arjun Raghvendra and P.R. Abhiram, Adv., for the Petitioner.
    S/Shri Anurag Ojha, SSC with Dipak Raj, Shashank Kumar and Ms. Garima Kumar, Advs., for the Respondent.

Facts of the Case

The petitioner, involved in importing goods for industrial consumption, sought provisional release of seized goods classified as roasted areca nuts. The goods had remained with the Customs Department since the date of import. The petitioner argued that the prolonged detention of the goods was causing undue hardship and claimed that the security demand imposed by the authorities was excessively burdensome and disproportionate to the circumstances. The petitioner requested the Court to allow provisional release if reasonable security was provided. The matter was then brought before the Delhi High Court. 

High Court Held

The Delhi High Court held that, considering the nature and end-use of the goods and the fact that the release was intended for industrial consumption, the security condition imposed by the Revenue was excessive. The Court instructed the Revenue to release the goods once the petitioner furnishes a bond along with a bank guarantee. The direction was issued under Section 110 of the Customs Act, 1962. 

List of Cases Cited

Shreehari Ananta Oversean Pvt. Ltd. v. Commissioner — W.P.(C) No. 5024 of 2025, decided on 22-4-2025 by Delhi High Court — Referred [Para 8]

 

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