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Patna High Court

Deepak JainversusThe Union of India

Decided
Disposal
DISMISSED

Holding

The Court held that the relief sought pertains to policy decisions within the executive's prerogative and, absent arbitrariness or illegality, cannot be interfered with by the judiciary.

Summary

The petitioner, Deepak Jain, filed a writ petition seeking that the authorities refrain from applying tariff value notifications under Section 14(2) of the Customs Act to Nepalese betel nuts, arguing that Nepal, as a Least Developed Country under SAFTA and the Indo‑Nepal Treaty, should enjoy 0% basic customs duty and exemption from SAD/CVD. He also requested exclusion of Nepal from minimum import price regimes, declaration that inflated tariff values constitute a prohibited para‑tariff, and an independent inquiry into alleged information leakage at border points. The respondents, representing the Union of India and various customs and trade bodies, contended that the matters raised pertained to governmental policy and were within the executive's exclusive domain. The Court held that the relief sought involved policy decisions which the judiciary does not ordinarily interfere with unless arbitrariness, illegality, or violation of law is shown. Finding no such arbitrariness or illegality, the Court dismissed the petition and ordered any pending applications to be disposed of.

Issues considered

  • Whether the Court can intervene by directing the government to apply 0% customs duty and SAD exemption to Nepalese betel nuts under SAFTA and the Indo‑Nepal Treaty
  • Whether the application of tariff values resulting in inflated IGST constitutes a prohibited para‑tariff under SAFTA
  • Whether the Court can order an independent inquiry into alleged information leakage at border points

Legislation cited

Subjects

  • customs duty
  • tariff valuation
  • SAFTA
  • Least Developed Country
  • policy jurisdiction
  • writ jurisdiction
  • customs law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5667 of 2026
                 ======================================================
                 Deepak Jain S/o Late Bijay Jain, Resident of Neelkamal Apartment, Flat No.-
                 E/ 4, Block- 2, Pranami Mandir Road, Siliguri (M. Corp.), Jalpaiguri, West
                 Bengal, PIN- 734001.

                                                                                ... ... Petitioner/s
                                                       Versus

           1.    The Union of India through the Secretary, Ministry of Finance, Government
                 of India, North Block, New Delhi.
           2.    The Central Board of Indirect Taxes and Customs (CBIC), through its
                 Chairman, Department of Revenue, Ministry of Finance, North Block, New
                 Delhi 110001. New Delhi.
           3.    The Chief Commissioner of Customs (Preventive), Patna Zone, Central
                 Revenue Building, Bir Chand Patel Path, Patna - 800001.
           4.    The Deputy Director, Directorate of Revenue Intelligence (DRI), Regional
                 Unit, Malaynil, Opp. Goel Institute, Main Road, Buddha Colony, Patna -
                 800001.
           5.    The Director General of Foreign Trade (DGFT), Ministry of Commerce and
                 Industry, Government of India, Vanijya Bhawan, New Delhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Navendu Kumar, Advocate
                 For the Respondent/s   :         Dr. K.N. Singh, A.S.G.
                                                  Mr. Anshuman Singh, Sr. SC (Custom)
                 ======================================================
                 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

3   13-07-2026                  Heard learned counsel for the parties.

                               2. Following is the relief sought for in the present writ

                   application:-

                                                        “i. For issuance of an appropriate
                                            writ/order/direction/   directing   the     concerned
                                            authorities to not to bring the Tariff Value
                                            Notifications issued under Section 14(2) of the
Patna High Court CWJC No.5667 of 2026(3) dt.13-07-2026
                                            2/3




                                  Customs Act for the betel nuts (areca nuts) of
                                  Nepalese origin entitled for benefits of 0% Basic
                                  Customs     Duty       and     exemption      from    Special
                                  Additional Duty (SAD/CVD) in view of the fact that
                                  Nepal is classified as a Least Developed Country
                                  under the South Asian Free Trade Area (SAFTA)
                                  Agreement as well as Revised Indo-Nepal Treaty of
                                  Trade (2009);
                                               ii. For issuance of an appropriate
                                  writ/order/direction         directing     the    concerned
                                  Respondents to exclude South Asian Free Trade
                                  Area (SAFTA) Agreement/ Least Developed Country
                                  (LDC) countries, particularly Nepal, from the
                                  application of Minimum Import Price or to notify
                                  separate, realistic valuation benchmarks;
                                               iii. For issuance of an appropriate
                                  writ/order/direction         directing     the    concerned
                                  Respondents to declare that application of inflated
                                  Tariff Values resulting in enhanced IGST constitutes
                                  a para-tariff prohibited under SAFTA Agreement
                                  and Revised Indo-Nepal Treaty of Trade (2009);
                                               iv. For issuance of an appropriate
                                  writ/order/direction         directing   an      independent
                                  inquiry    into        “Information        Leakage”      and
                                  enforcement practices at border points including
                                  Jogbani, Galgalia, and adjoining corridors;
                                               v. To pass any other order(s) as this
                                  Hon’ble Court may deem fit and proper.”


                      3. Considering the nature of relief sought by the

          petitioner, learned A.S.G. submits that the issue raised in the

          present writ application pertains to matters of governmental

          policy and falls within the exclusive domain of the executive.
           Patna High Court CWJC No.5667 of 2026(3) dt.13-07-2026
                                                       3/3




                                 4. Having considered the submissions advanced on

                     behalf of the parties and upon perusal of the materials available

                     on record, this Court is of the considered view that the relief

                     sought by the petitioner pertains to a policy decision which lies

                     within the prerogative of the Government of India. It is well

                     settled that the Court, while exercising writ jurisdiction, does

                     not ordinarily interfere with policy decisions of the authorities

                     unless the same are shown to be arbitrary, illegal or in violation

                     of statutory or constitutional provision.

                                 5. In the present case, no such arbitrariness or

                     illegality has been demonstrated to warrant interference by this

                     Court.

                                 6. Accordingly, we find no merit in the present

                     application and the same stands dismissed.

                                 7. Pending application(s), if any, shall also stand

                     disposed of.



                                               (Sudhir Singh, ACJ)


                                            (Rajesh Kumar Verma, J)
Sachin/-

U


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