2026-VIL-1007-BOM-CU
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CUSTOMS High Court Cases

Customs - Release of imported food products on clearance by Food Safety and Standards Authority, Binding nature of no objection certificate - Seizure and confiscation of food articles after FSSAI clearance – Import of roasted arecanuts - Department examined the goods and samples were drawn and sent to FSSAI. The FSSAI issued a no objection certificate stating the goods were in conformity with Food Safety and Standards Act 2006. Despite FSSAI clearance the goods were not released. During pendency of petition samples were again sent to Central Revenue Control Laboratory which reported moisture content at 6.8 per cent and 6.9 per cent - Department seized the goods and passed an order permitting provisional release only upon executing bond and furnishing Bank guarantee - Whether goods can be seized and confiscated after FSSAI has issued no objection certificate and whether Bank guarantee can be insisted upon for provisional release of food articles cleared by the food regulator - HELD - Once a clear stand is taken by FSSAI that the imported food product is in no manner harmful for human consumption in light of requirements and parameters of FSSAI Rules any contrary position cannot be adopted by the Customs Department and the goods have to be released. The Food Import Manual issued by FSSAI clearly specifies the steps to be taken for laboratory analysis and it is only after this laboratory analysis that a no objection certificate is issued by FSSAI - The tests conducted by FSSAI are of precise nature and high standards of testing are ensured and made applicable before clearing food suitable for human consumption. Any window for reclassification of categorised goods itself is not on sound premise. The issuance of no objection certificate by FSSAI following its prescribed procedure including laboratory analysis concludes the matter and any subsequent examination and testing by Customs through CRCL is not permissible - The issue of release of roasted arecanuts upon furnishing bond without insisting on security deposit is now settled by law. The seizure memo and the impugned order to the extent seeking security deposit Bank guarantee are quashed and set aside. The respondent is directed to forthwith release the goods without insisting on Bank guarantee provided the petitioner obtains fresh certificate of fitness from FSSAI before dealing with the goods in open market - The writ petition is allowed
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