Varsha Fresh Meat Products Private Limited Vs Commissioner of Customs (Preventive) (Kerala High Court)
Kerala High Court has directed customs authorities to dispose of consignments of buffalo meat, seized due to alleged misdeclaration and the presence of prohibited items, within one month. The directive, issued by the High Court, aims to address the perishable nature of the goods while adjudication proceedings related to their confiscation are still underway. The ruling came in a series of writ petitions filed by Varsha Fresh Meat Products Private Limited, other consignors, and a carrier.
The core of the dispute revolves around several consignments of buffalo meat intended for export, which were intercepted and seized by the customs department. Investigations revealed alleged misdeclaration by the consignors and the inclusion of items prohibited for export. Following the seizures, confiscation proceedings were initiated, which are currently pending before the relevant authorities.
As the adjudication process progressed, the customs department issued notices to the petitioners, proposing the disposal of the seized perishable properties. This prompted the consignors, including Varsha Fresh Meat Products Private Limited, to approach the High Court. Their petitions challenged these disposal notices and simultaneously sought an expedited completion of the pending adjudication.
Separately, the carrier of one of the seized consignments also filed a writ petition. The carrier’s primary grievance stemmed from the prolonged detention of their containers, asserting that the authorities should have acted more swiftly to dispose of the perishable goods and release the valuable shipping assets.
