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Tax & Customs LawSupreme Court of India

Rikhab Chand Jain vs Union of India

Not available · 2025 INSC 1337Decided 12 Nov 2025
Not available
Justice Dipankar Datta · Justice Aravind Kumar

Background

In 1992, customs authorities seized 252.177 kgs of allegedly smuggled silver from the appellant. In 1996, the Commissioner of Customs ordered confiscation of the silver and imposed a Rs. 50,000 penalty. The appellant's appeal to the CEGAT (customs tribunal) was dismissed in 2000, though the penalty was reduced to Rs. 30,000. Instead of pursuing the further statutory appeal to the High Court within the 180-day limitation period, the appellant waited until 2003 to file a writ petition directly in the Rajasthan High Court, which was dismissed both for bypassing the alternative remedy and on merits.

Decision Breakdown

The Supreme Court upheld the High Court's dismissal of the writ petition. It reaffirmed that while availability of an alternative statutory remedy does not automatically bar a writ petition, courts should ordinarily decline to entertain a writ where an equally efficacious alternative remedy (here, a reference to the very same High Court under the Customs Act) exists, especially when invoked after the prescribed limitation period lapsed due to the litigant's own delay. The Court cited long-standing Constitution Bench precedents (Thansingh Nathmal and A.V. Venkateswaran) holding that a party who lets a statutory remedy lapse through his own fault cannot then claim discretionary writ relief. It also held that the writ petition lacked proper pleadings to show the confiscation order's validity was actually argued before the CEGAT and left unaddressed.

Lesson Learnt

If a law provides a specific appeal or review process (especially one going to the High Court itself), a litigant must pursue it within the deadline; delay in doing so cannot later be cured by filing a writ petition instead, and courts will not indulge such "forum shopping" after the fact.

Rikhab Chand Jain vs Union of India – Legal Case Shots | LegalAware