The Mumbai Court grants bail to importers involved in the smuggling of ‘melon seeds’ and ‘green peas’ smuggling worth Rs. 150.33 crore.
The court has observed that the customs preventive (Ahmadabad) and SIIB Officers conducted searches at the applicant’s office as well as residential premises and seized the applicant’s laptop. No incriminating documents were found during the search of the residential premises of the applicant. DRI has seized the entire goods. All incriminating material is in the custody of DRI. The entire case is based on documentary evidence which is in the possession of DRI. For confrontation of documentary evidence custody of the accused is not required.
The DRI-MZU investigated smuggling of ‘melon seeds’ and ‘green peas’ valued to the tune of Rs.150.3 crores approximately which were concealed/mis-declared in the guise of ‘pigeon peas’ and ‘peas’ and were seized under the provisions of the Customs Act, 1962.
The import of ‘melon seeds’ and ‘green peas’ were in blatant violation of prohibition/restriction impose vide DJFT notifications, foreign policy, FTDR Act and provisions of Customs Act, 1962, in as much as the ‘melon seeds’ and ‘green peas’ are restricted under DGFT notification no. 05/2023 dated 05/04/2024 and notification no. 37/2015-2020 dated 18/12/2019 respectively.
Thus, the imported goods fall under the category of prohibited goods and are liable to confiscation under Section 111 of Customs Act, 1962. Accordingly they were seized under Section 110 of the Customs Act, 1962.
Dr. Sujay Kantawala on behalf of the accused argued that the applicant is innocent and unnecessarily dragged in the false and frivolous case. The statements of applicants have been recorded on 25/02/2026, 18/04/2026, 21/04/2026 and 22/04/2026. The applicant has fully co-operated with the investigation right from the month of February. The DRI has issued no objection letters for removal/clearance of goods which were kept on hold by the DRI. The goods stuffed in the container appeared to be as declared in the bill of entries and no mis-declared or concealed goods were found in the containers. The DRI has seized entire goods. It has also searched the applicant’s office as well as residential premises. The investigation is based on documentary evidence which is already in the custody of DRI from February 2026.
The department contended that the applicant has actively participated in the crime in question. Shri. Pathak further submitted that, this is a case of smuggling of ‘melon seeds’ and green peas’ valued to the tune of Rs.150.34 crores (approximately) which were concealed and mis-declared under the guise of ‘peas’ and were seized under the provision of the Customs Act, 1962. The import of ‘melon seeds’ and ‘green peas’ was in violation of prohibitions/restrictions imposed vide DGFT notification, foreign trade policy, FTDR Act and provision of Customs Act, 1962 as the ‘melon seeds’ and ‘green peas’ are restricted under the DGFT notification no.5/2023 dated 05/04/2024 and notification no. 37/2015-2020 dated 18/12/2019 respectively.
The court has granted bail to the applicant Pareshkumar Dinsukhray Raithatha on his executing PR bond in the sum of Rs.1,00,000/- with two sureties in the like amount to the satisfaction of Lower Court.
The court directed the applicant to attend the Customs DRI Department on every Wednesday between 11.00 a.m. and 2.00 p.m. for two months and thereafter as and when called.
Case Details
Case Title: Pareshkumar Dinsukhray Raithatha Versus DRI
Case No.: CRIMINAL BAIL APPLICATION No. 418/2026
Date: 15/05/2026
Counsel For Applicant : Dr. Sujay Katawala
Counsel For Respondent: Spl. P. P. Pathak
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