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Bombay High Court

PARESH DINSUKHRAY RAITHATHA PROPRIETOR OF R D INTERNATIONALversusTHE UNION OF INDIA THR THE SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The court directed Respondent No.2 to decide the petitioner's request for provisional release within two weeks and disposed the petition.

Summary

Petitioner Paresh Dinsukhray Raithatha, proprietor of R.D. International, filed a writ petition seeking two reliefs: warehousing of goods seized by authorities and provisional release of those goods. The court noted that a No Objection Certificate for warehousing had been issued by Respondent No.3, rendering that relief straightforward. The petitioner also submitted multiple letters requesting provisional release, which Respondent No.2 contested on the ground of clandestine importation of the goods. The court declined to grant immediate provisional release but directed Respondent No.2 to consider the petitioner's request on its merits and decide within two weeks. The petition was thereafter disposed of.

Issues considered

  • Whether the petitioner is entitled to provisional release of the seized goods.
  • Whether the petitioner is entitled to warehousing of the seized goods in view of the NOC issued.

Subjects

  • provisional release
  • seizure of goods
  • warehousing
  • writ petition
  • Union of India
  • NOC
  • expeditious disposal

Judgment

                                                                           10-wp 12683-26.doc
ARJUN
MACHHINDRA                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KADAM                                  CIVIL APPELLATE JURISDICTION
Digitally signed by
ARJUN
MACHHINDRA                            WRIT PETITION NO. 12683 OF 2026
KADAM
Date: 2026.10.01
18:28:01 +0530
                      Paresh Dinsukhray Raithatha                          … Petitioner
                      Proprietor of R. D. International
                              Versus
                      The Union of India & Ors.                            ... Respondents
                                          __________________________

                      Mr. Vishal Agarwal a/w. Mr. Rishabh Jain i/b TLC Legal LLP for the
                      Petitioner.
                      Mr. Ram Ochani for Respondent No.2.
                      Ms. Sangeeta Yadav i/b Mr. Shyam Pathak for Respondent No.3.
                                         __________________________

                                                   CORAM      : M. S. KARNIK AND
                                                                SANDESH D. PATIL, JJ.
                                                   DATED      : 1st OCTOBER, 2026.

                      P.C. :

                      1.          We have heard learned counsel for the petitioner.

                      2.          The petitioner essentially seeks two reliefs; one is

                      warehousing of the goods which has been seized.        So far as the

                      aspect of warehousing is concerned, Ms. Yadav, learned counsel for

                      respondent No.3 submits that the necessary NOC has been issued

                      vide letter dated 11th August, 2026 and 28 th August, 2026. Pursuant

                      to such NOC being granted, consequential action would obviously be

                      taken.

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                                                      10-wp 12683-26.doc

3.           The other aspect of the petition is that the petitioner is

seeking provisional release of the seized goods. Learned counsel for

the petitioner submitted that several letters have been addressed to

the respondents to provisionally release the goods. A letter dated

19th June, 2026 is at Exhibit M and other letters are at Exhibits N, O,

P & Q are on record.

4.           Mr. Ochani, learned counsel for respondent No.2 submits

that the petitioner is not entitled for seeking provisional release

considering the clandestine manner in which the goods have been

imported. He seeks some time to file Affidavit-in-Reply.

5.           Considering the nature of the reliefs sought in this

petition, at this stage we are only inclined to issue a direction to

respondent No.2 to consider and decide the request made by the

petitioner for provisional release of the seized goods through above

mentioned letters on its own merits and in accordance with law

expeditiously in any case within a period of two weeks from the date

of communication of this Order.

6.           The petition is disposed of.



     (SANDESH D. PATIL, J.)                       (M. S. KARNIK, J.)


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