SONARAM BAGADARAM MALI vs THE COMMISSIONER OF CUSTOM & ORS.

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 4th September, 2025 + W.P.(C) 13649/2025 & CM APPL. 55986/2025 SONARAM BAGADARAM MALI .....Petitioner Through: Mr. Omkar Kushwaha, Adv. versus THE COMMISSIONER OF CUSTOM & ORS. .....Respondents Through: Mr. Shubham Tyagi, SSC, CBIC. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CM APPL. 55986/2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 13649/2025 3. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, challenging the communication dated 10th June, 2025 by which the provisional release of the goods of the Petitioner has been permitted and the Petitioner has been directed to join the investigation. The Petitioner further seeks provisional release of the goods i.e., 4,99,020 units of mobile tempered glass (hereinafter, ‘goods’) seized by the Customs Department on 20th February, 2025. 4. The case arises from a search conducted by the Customs Department in a premises in Karol Bagh where a girls PG was being run. In the said premises, upon conduct of a search several cartons of tempered glass, bearing ‘Made in W.P.(C) 13649/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:RAHUL Signing Date:09.09.2025 11:18:40 China’ mark were found. All the goods were thereafter seized and a notice was issued. 5. The Petitioner gave a representation to the Customs Department claiming that he had purchased it from the local market and these are 100% local goods. It is submitted on behalf of the Petitioner that there was no purchase order, which was placed to any foreign entity and the Petitioner has not engaged any Cu