Telangana HC Allows Provisional Release of 127 Seized Copying & Scanning Machines on Enhanced Duty

M/s Akshya Copier Solutions vs The Commissioner of Customs

The Telangana High Court has instructed the Customs authorities to provisionally release 127 units of imported multi-functional copying and scanning machines that were seized by the department. This is contingent upon the importer depositing the increased duty amount and providing a bank guarantee of 10% of the total value of the goods.

M/s Akshya Copier Solutions, an importer, has submitted the writ petition contesting the seizure memo and asking for immediate clearance of the consignment imported.

The applicant, before the High Court alleging that the Customs department had seized various models of second-hand highly specialised equipment, like copying and scanning machines. The department denied clearance despite the applicant being ready to pay the applicable duties on the declared value.

The importer said that the seizure and continued detention of the goods were arbitrary and unreasonable, allegedly contrary to the provisions of the Customs Act, 1962, the Import Export Policy 2023, and MeitY Notification S.O. 2844(E) dated 01.07.2021.

Also, the applicant raised constitutional grounds alleging violation of rights under Articles 14, 19(1)(g), and 300A and asked for the release of goods, including exemption of demurrage charges. HC said that similar writ petitions, which consist of the same problems, had earlier been dealt with by the same Bench, where conditional interim orders were passed permitting the provisional release of seized goods.

The bench of Justice P. Sam Koshy and Justice Suddala Chalapathi Rao then disposed of the writ petition at the phase of admission and asked the applicant to pay/deposit the enhanced duty amount and bank guarantee worth 10% of the total price of the imported goods.

It asked the department to quantify the enhanced duty in 1 week and said that the same provisional release order shall not avert Customs from continuing further proceedings, including adjudication as per law.

"If the petitioners, upon release of the goods, provisionally make and sell the supply to their customers, details of the customers, the relevant price and details of the respective transactions shall be maintained and made available to the respondent authorities from time to time", the division bench cited.

The court, concerning demurrage, mentioned that if the applicant submits an application asking for the exemption of demurrage charges, then it should be acknowledged objectively by the department. As per that, the petition was disposed of.

Case Title	M/s Akshya Copier Solutions vs The Commissioner of Customs
Case No.	W.P.No.1516 OF 2026
For Petitioner	Proprietor Kota Vivekanand
For Respondent	GST Bhavan, Opp: L.B. Stadium, Basheer Bagh, Hyderabad and 3 others
Telangana High Court	Read Order

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