The Mumbai Court has granted anticipatory bail to 4 importers namely Ashish Ramesh Chandruwa, Dipika Ashish Chandruwa, Kapil Mahesh Kothari and Mamta who were allegedly involved in importing Pakistan Origin Dry Dates routed Via UAE to evade 200% Customs Duty.
The bench of S. R. Ugale Additional Sessions Judge, Panvel has observed that the Bombay High Court has directed the DRI to provisionally release seized goods within 7 days upon furnishing bond and bank guarantee to the tune of Rs. 7,80,000 by M/s. Vortex Speciality Foods. Thus the duty/revenue of the Government is well secured till the time of adjudication of matter. The case rests upon documentary as well as digital evidence which is already in possession of DRI.
M/s. Vortex Speciality Foods LLP situated at Sikkanagar Girgaon, Mumbai imported 36 containers containing Dry Dates by declaring UAE as the country of origin.
However, intelligence received by DRI indicated that the goods actually originated in Pakistan and were routed via Jebel Ali, UAE to evade 200% Basic Customs Duty (BCD), applicable to goods of Pakistan origin and to unlawfully claim Customs duty exemption under Notification No.22/2022- Customs dated 30/04/2022 under the India-UAE CEPA.
Later on goods were seized. There were only two buyers namely M/s. Kapko International and M/s. Vighnaharta Commodities, of said dry dates imported by co-accused Harshit Shah, the partner of M/s Vortex Speciality Foods LLP.
The applicants are Directors of aforesaid companies/firms. As co-accused Harshit Manish Shah came to be arrested, the applicants have apprehension of their being arrested in connection with the present case.
Dr. Sujay Kantawala, Senior Counsel on behalf of the importers contended that the applicant/importers are innocent. They have been falsely implicated in the case on hand. The certificate of country of origin is a verifiable and authentic document issued by the Government of UAE in this particular case verifying and confirming that the dry dates originated from UAE.
Dr. Kantawala further submitted that the Bombay High Court directed DRI in Civil Writ Petition No. 8248/2025 (Vortex Speciality Foods LLP Versus UOI) to provisionally release seized goods within seven days upon furnishing of bond and bank guarantee of Rs.7,80,00,000/- within 14 days of the order.
Dr. Kantawala argued that applicants have preferred a statutory application under the provisions of section 137(3) of the Customs Act, 1962 for seeking Compounding of the offences punishable under section 132/135 of the GST Act, before filing of any prosecution to avoid multiplicity of proceedings, to seek immunity from prosecution and to protect their personal liberty.
Dr. Kantawala submitted that it is not the case of DRI that goods were not entered into respective Bills of Entry/ Shipping Bills in the computerized EDI System of Customs Department at Nhavasheva, or that any document including Certificate of origin filed with the Customs department was found to be forged. The applicants have no criminal antecedents. The investigation is almost completed. Taking into account aforesaid circumstances custodial interrogation of present applicants is not required. Hence, prayed that the relief of pre-arrest bail be granted to applicants.
Advocate Nitee Punde, on behalf of the DRI submitted that the case involves smuggling of 36 containers of ‘Dry Dates’ under bill of entry. The statement of co-accused Harshit Shah, the partner of M/s Vortex Speciality Foods LLP revealed that his firm had imported 80 to 85 containers of ‘Dry Dates’ in January-March 2025 and 36 Containers in April-May 2025 through a broker Shri. Prakash based in Dubai without direct contact with the shippers. He acknowledged that he was unfamiliar with the actual manufacturer, Royal Dates Factory LLC, UAE, but continued to claim that goods were of UAE origin.
Advocate Nitee Punde, when he was asked by DRI office to provide any credible and verifiable proof to support his claim, he was unable to produce any such documents. Smt. Punde further argued that co-accused Harshit Shah has stated that his firm M/s Vortex Speciality Foods LLP has imported around 4600 MT of Dry dates since its start in January 2025 having declared value of around 15 Crores.
The court held that the applicants have no criminal antecedents. Co-accused Harshit Shah who is importer of dry dates has been released on regular bail. Taking into account the aspects and role attributed to present applicants, in my view their custodial interrogation is not required. So far as the investigation is concerned, the presence of applicants can be secured before the DRI by imposing certain conditions upon them. This is the fit case where the discretion of granting pre-arrest bail deserves to be exercised in favour of present applicants.
The court stated that in the event of arrest of applicants namely Ashish Ramesh Chandruwa, Dipika Ashish Chandruwa, Kapil Mahesh and Mamta Kapil Kothari shall be released on bail on their executing PR bond in the sum of Rs.1,00,000/- each with one or two sureties each in the like amount to the satisfaction of DRI.
The court stated that the applicants shall attend the Customs DRI Department on every Tuesday between 11.00 a.m. and 2.00 p.m. till the filing of charge-sheet/final report. The applicants shall not directly or indirectly make any inducement, threat and promise to any person, acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any Custom officer.
The court directed that the applicants shall not leave India without previous permission of the jurisdictional Court. The applicants shall submit their contact details to the investigating agency and keep it updated in case there is any change therein within a period of two weeks. The applicants shall regularly attend the case arising out of the crime in question, unless their personal attendance is dispensed with by the jurisdictional court.
Case Details
Case Title: Ashish Chandruwa and ors. Vs. Sr. Intelligence Officer, DRI
Case No.: Cri. Bail Application No.669/2025
Date: 13/10/2025
Counsel For Petitioner: Dr. Sujay Kantawala
Counsel For Respondent: Advocate Nitee Punde
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