The Bombay High Court has directed the Department of Revenue Intelligence (DRI) to file a detailed affidavit addressing serious allegations made by trading firm Make India Impex against one of its officers, Mr. Sumit Kataria.
The bench of Justice M.S. Sonak and Justice Advait M. Sethna observed that prima facie, the allegations raised in the complaint appeared to be serious and required a response on record.
The Petitioner, a seasoned importer, impugned the illegal detention of its customs-cleared consignment of dry dates by DRI officials despite full duty payment, final assessment, and issuance of Out-of-Charge. The goods, being perishable, were forcefully brought back post-clearance, causing cancellation of domestic sales and financial losses. The Petitioner’s representations remain unanswered while coercive actions, including summons and searches, continue. A subsequent identical consignment from the same supplier was cleared without issue, highlighting arbitrary conduct.
The Petitioner sought urgent relief from the Court, including immediate release of goods, waiver of demurrage, and compensation for loss caused by the Respondents’ actions.
The petitioner, Make India Impex, represented by senior advocate Dr. Sujay Kantawala, alleged misconduct on the part of Kataria and other officials. A formal complaint dated July 26, 2025, had already been submitted to the Additional Director General of DRI.
While the case initially did not implead Kataria in his personal capacity, the bench granted leave for his inclusion as a respondent. The Court ordered that notice be issued to him, returnable on September 22, 2025.
Significantly, the Court directed the Additional Director General of DRI (Respondent No. 2) to file an affidavit on both the merits of the case and specifically on the allegations against Kataria and other officers, by September 19, 2025, without seeking any extension of time. Kataria has also been permitted to file his own affidavit within the same timeline.
The petitioner has been instructed to serve a copy of the writ petition to Kataria immediately, ensuring he has adequate opportunity to respond. Additionally, counsels representing the Union of India and other respondents were directed to communicate the order to both the DRI and Kataria.
The matter is now scheduled for further hearing on September 22, 2025.
Case Details
Case Title: Make India Impex : Petitioner Versus Union of India and ors.
Case No.: Writ Petition No. 11099 Of 2025
Date: 11 September 2025
Counsel For Petitioner: Dr Sujay Kantawala
Counsel For Respondent: Jitendra B Mishra
