2015 (5) TMI 993 - HC - Customs

Customs actions ruled arbitrary; unauthorized lab report disregarded; goods to undergo new testing.

The court found Customs Authorities' actions arbitrary in drawing multiple samples without justification. It deemed the second sample unnecessary and ... Import of betel nuts - fit for human consumption, or not - It is nearly 18 months that the goods have remained in a limbo. Even if the food articles - the petitioner says that they are betel nuts - were originally fit for human consumption, they may have deteriorated in quality in the interregnum. It is necessary, in the circumstances, that samples be drawn in the presence of the petitioner’s representative to ascertain from the Central Food Laboratory, Kolkata as to whether the goods are still fit for human consumption. It is proposed that the goods may be released to the petitioner upon the same being found to be fit for human consumption and after obtaining sufficient guarantee or deposit Necessary directions issued. Issues:1. Arbitrary acts of Customs Authorities in drawing multiple samples.2. Conducting tests at unauthorized laboratory.3. Delay in resolution affecting the quality of goods.4. Release of goods pending further testing.5. Accountability of Customs officials.6. Filing of affidavits and replies.7. Payment suspension and goods preservation.Analysis:1. The judgment addresses the arbitrary actions of the Customs Authorities in drawing multiple samples without proper justification. The court finds the second sample unnecessary, especially after the first sample was satisfactory. Even if prompted by intelligence reports, the second sample should have been drawn in the presence of the petitioner, highlighting procedural irregularities.2. The court notes that a negative report on the second sample was obtained from an unauthorized laboratory in Mysore, violating the Food Safety and Standards Regulations. The third sample, drawn in the petitioner's presence, supported the petitioner's position, emphasizing the importance of following proper testing procedures.3. Concerning the delay in resolution, the court acknowledges that the goods have been in limbo for 18 months, potentially affecting their quality. To address this, the court orders the drawing of new samples in the presence of the petitioner's representative for testing at the Central Food Laboratory, Kolkata, ensuring the goods' current suitability for consumption.4. The judgment suggests releasing the goods to the petitioner if found fit for human consumption, subject to guarantee or deposit. However, it emphasizes the need for accountability, stating that Customs officials should be held responsible if their actions are deemed illegal, improper, or lacking jurisdiction after further investigation.5. The court directs the filing of an affidavit-in-opposition within a week after the summer vacation, with a subsequent reply if necessary. The petition is scheduled to appear on a specific date, ensuring timely resolution of the matter.6. Pending the petition's disposal, the court suspends the requirement for the petitioner to make payments as per the previous order and prohibits the destruction of goods without the court's permission, safeguarding the petitioner's interests during the legal process.7. Lastly, the judgment allows parties to obtain urgent certified copies of the order from the website upon fulfilling formalities, ensuring transparency and accessibility of the court's decision.