SANTA MONICA FARM PRODUCE PRIVATE LIMITED vs UNION OF INDIA

Judgment text excerpt

902-WPL 42323-25.DOC Digitally signed by PRAJAKTA PRAJAKTA SAGAR SAGAR VARTAK VARTAK Date: Prajakta Vartak 2026.02.06 21:05:37 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L.) NO. 42323 OF 2025 Santa Monica Farm Produce Pvt. Ltd. ...Petitioner Vs Union of India & Ors. ...Respondents _________ Mr. Mohan Jayakar, Mr. Rishi Patodia, Mr. Atharva Gade and Mr. Gaurav Dalvi i/b. Jayakar & Partners for Petitioner. Mr. Abhishek Mishra for Respondent Nos. 2 & 3. Mr. J. B. Mishra with Ms. Sangeeta Yadav and Mr. Rupesh Dubey for Respondent No.4. __________ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 05 FEBRUARY 2026. Oral Order : (Per G. S. Kulkarni, J.) 1. This petition under Article 226 of the Constitution of India is filed praying for a direction that the respondents be directed to forthwith release the goods imported by the petitioner, namely ‘in-shell walnuts’, stated to have been imported from the United States of America (USA), under the Bills of Entry lodged in the office of respondent no.2 on 08 December 2025, copies whereof are annexed at Exhibits E to H to the petition. 2. Briefly stated the facts are :- It is the petitioner’s case that the petitioner purchased USA-origin ‘in-shell walnuts’ from one Diamond Foods LLC, USA. The goods aggregated to approximately 8,000 net kilograms, which were intended for commercial sale in India. It is stated that the invoices were raised in the ordinary course of international trade and were accompanied by the requisite shipping documents. Page 1 of 10 05 February 2026 902-WPL 42323-25.DOC In December 2025, the consignments were shipped from Oakland, USA, to the Jawaharlal Nehru Port, Navi Mumbai, under four Bills of Lading. The petitioner contends that the goods constitute agric