Vijay Ghanshyam Gadiya v. Union of India, 2026 INSC 947
Extending Pooja Ramesh Singh from tribunals to executive adjudicators, the Supreme Court of India set aside a customs penalty order of INR 4.25 billion, and the High Court judgment upholding it, because the order relied on AI-hallucinated precedents. Justice Datta held even an iota of fake material vitiates a decision and left disciplinary action to the officer's appointing authority.
- Court
- Supreme Court of India
- Date
- 2026-09-02
- Who used the AI
- Other
- AI tool
- Not identified in the record
- Conduct
- An Order-in-Original of the Additional Commissioner of Customs, Surat, dated 8 October 2025 and imposing a penalty of INR 425.28 crore, relied on judgments and articles that were nonexistent, carried fake citations, or did not support the propositions cited. The Gujarat High Court had dismissed the challenge.
- Outcome
- Other
- Penalty
- No monetary penalty recorded
- Regulatory outcome
- No separate regulatory disposition recorded
- Status
- Verified against listed sources
- Last checked
- 2026-09-04
What was fabricated or misused
- several judgments and articles cited in the Order-in-Original dated 8th October, 2025 that were generated using Artificial Intelligence — the Supreme Court did not list them
- case laws relied upon by the customs adjudicator that were non-existent or had fake citations — the Supreme Court did not list them
- some real case laws relied upon by the customs adjudicator that did not lay down the ratio deduced therefrom — the Supreme Court did not list them
What the court said
“Upon verifying such judgments and articles, it does appear that the second respondent has relied upon case laws that are either non-existent or have fake citations.”
“A further investigation has also revealed that some of the case laws relied upon by the second respondent, which do exist, do not lay down the ratio deduced therefrom and it appears to be a hallucination of AI.”
“assistance can never be substituted for adjudication. AI may well serve as training wheels but entrusting it with the pilot’s seat would be both imprudent and dangerous.”
“the impugned order of the High Court confirming the penalty is consequently set aside together with the Order-in-Original”
Timeline
- Additional Commissioner of Customs imposed a Rs. 425,27,99,100 penalty.
- Gujarat High Court dismissed Gadiya's challenge to the penalty.
- Supreme Court set aside the High Court order and Order-in-Original.
Why this case matters
Gadiya extends Pooja Ramesh Singh from tribunal judgments to an executive customs adjudication. The Supreme Court did not resolve the customs merits; it set aside a ₹425.28 crore penalty because fake and misused authorities entered the reasoning. That makes it part of India's unusual cluster in which the faulty AI material appears in the adjudicator's own order, alongside Buckeye Trust, KMG Wires, Sammaan Capital and Pooja Ramesh Singh. The remand to a different officer and the note to the appointing authority make the remedy institutional as well as case-specific.
Practice note
An adjudicator using AI as research help should keep the decision-making role with the officer. Before issuing an order, every judgment, article and quoted ratio should be checked in an official database and in the source text. If a cited case exists, verify that it supports the stated ratio; if it does not, remove or rewrite the reasoning.
Primary sources for this incident
Related regulation records for this incident
No related regulation record has been linked to this incident yet.
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Cite this record
SafeLegalAI Global Legal AI Incident Tracker, “Vijay Ghanshyam Gadiya v. Union of India, 2026 INSC 947”, safelegalai.com/tracker/gadiya-v-union-of-india (accessed 2026-10-07). Data: CC BY 4.0.