The Delhi High Court has ruled that import restrictions introduced through a DGFT notification cannot apply to goods that arrived in India before the notification was published in the e-Official Gazette. The decision, which benefits jewelry importers, reinforces that delegated trade policy changes require proper publication to become enforceable and cannot operate retroactively.
Case background
Bright Metal Refiners imported platinum alloy jewellery studded with rubies from Thailand under a tariff entry classified as "Free." After the goods arrived, Notification No. 02/2026-27 changed the import policy for CTH 7113 from "Free" to "Restricted," stating the restriction would apply regardless of prior contracts or shipment status. Customs authorities refused clearance, insisting the consignments required an import licence because they had not cleared customs before the notification took effect.
Court ruling
A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul allowed the writ petition, holding that the notification acquired legal force only upon publication in the e-Official Gazette on 2 April 2026 at 20:52:28 hours. The court noted that the last consignment reached India at 1:39 AM on 2 April 2026, nearly twenty hours before publication. The judges stated: "The requirement of publication in the Gazette, is therefore not an empty formality. It is an act by which an executive decision is transformed into law."
Supply-chain impact
For overseas jewelry buyers and importers supplying to India, this ruling provides important clarity on the timing of import policy changes. Goods already in transit or arrived before a DGFT notification is published remain subject to the prior policy. This reduces the risk of sudden regulatory changes disrupting shipments that are already en route, particularly for high-value items like platinum alloy jewellery and gemstone-studded pieces.
What buyers should watch
Importers should document the exact arrival times of consignments and monitor the e-Official Gazette publication timestamps for any policy changes. The court emphasized that delegated legislation becomes enforceable only after valid publication and cannot operate retrospectively without express statutory authority. This precedent may be cited in future disputes involving sudden import restrictions on jewelry categories.
Compliance and logistics signals
The ruling aligns with earlier Supreme Court decisions in Viraj Impex Pvt. Ltd. and G.S. Chatha Rice Mills, and the Gujarat High Court ruling in Enero Jewels Pvt. Ltd. Customs authorities must now process and release the consignments under the pre-existing import policy. For supply-chain planning, this reinforces that importers should maintain records of shipment arrival times and gazette publication dates to protect against retroactive policy enforcement.
Source: Read the original report | Published: June 08, 2026