2026-VIL-321-BOM-CU
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CUSTOMS High Court Cases

Customs - Seizure and Release of imported roasted areca nuts, Jurisdiction of Customs Authorities to seize the imported goods - FSSAI examined the goods and issued no-objection certificates confirming the goods were fit for human consumption. However, the Customs authorities subsequently seized the goods, citing CRCL test reports that allegedly found the goods unfit. The petitioner challenged the seizure and the conditions imposed for provisional release – HELD - Once the FSSAI, the statutory body responsible for food safety, had cleared the goods as fit for human consumption based on its test reports, the Customs authorities could not question the credibility of those reports without valid reasons. The CRCL reports did not satisfactorily demonstrate that the goods were unfit, as they only noted minor damage to a small percentage of the goods. The seizure and the conditions imposed for release are without authority of law and quashed - Even assuming that a minuscule percentage of the goods which are agricultural products, are stated to be damaged, it cannot be that the same yardstick is applied to the entire consignment. If such tests are applied to the several range of agricultural products domestically available from the indigenous sources, it would be impossible for any agricultural produce to have a market - The action of the Respondents to detain the Petitioner’s imports in question, is not justified. The goods are to be released on payment of duty, subject to the petitioner removing any damaged portions under FSSAI supervision before selling the goods in the domestic market – The petition is disposed of
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