Conditional provisional release granted as goods are perishable in nature

Sufi Impex Vs Union of India (Gujarat High Court)

Gujarat High Court held that when the goods are perishable in nature, the authorities should act with greater swiftness to proceed with the adjudicatory mechanism and take a final decision. Accordingly, conditional provisional release of goods granted.

Facts- The challenge in the petition is directed against the seizure memo dated 20.01.2022 issued by respondent no.4, which is common memo issued to all the petitioners under Section 11 of the Customs Act, 1962. The petitioners imported the goods of the description of fresh Kiwi fruits or assorted fresh Kiwi in four different Bills of Lading. The goods came to be seized by aforesaid seizure memo on the allegation that the petitioners misdirected in furnishing details in relation to the import of the said goods.

Upon examination, the respondent authorities found that Psytosanitary Certificate bearing no. 2166631 dated 09.05.2022 was used for clearing more than one consignment of similar quantity. It was found to have been used by as many as four different importers to clear the goods having declared Chile as origin.

Conclusion- Held that when the goods are perishable in nature, the authorities should act with greater swiftness to proceed with the adjudicatory mechanism and take a final decision.

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