2013 (11) TMI 1602 - HC - Customs

Court dismisses Union of India's appeal on release of adulterated betel nuts seized by Customs.

The appeal by the Union of India against the release order of adulterated betel nuts seized by Customs authorities was dismissed. The Customs authorities ... Release of confiscated Betel nuts - appellants challenged the order of release of Betel nuts on the premise that the betel nuts seized by the Customs authorities were adulterated; were not fit for human consumption and that such adulterated betel nuts cannot be released for consumption by the society in general - petitioner(owner) contended that the betel nuts were being sent for processing at Kanpur and it was not meant for human consumption until processed - whether the betel nuts were to be released or not? - Held that: - according to the Instruction dated 15th June 2001 issued by the Government of India, Ministry of Finance, Department of Revenue in respect of the clearance of the food articles, drawing and testing of samples to the effect that pursuant to the Notification issued by the Director General of Foreign Trade, the Customs should, inter alia, follow certain norms mentioned in the said Circular and to ensure that the food items meet specifications. The learned single Judge has considered the application and has dealt with the contentions raised by the Union of India and has refused to modify the order - appeal dismissed - decided against Revenue. Issues: Seizure of adulterated betel nuts by Customs authorities, modification of release order, safety of food articles for human consumption.Analysis:The case involves an appeal by the Union of India against the order of a learned single Judge regarding the seizure of 38920 Kg. of Bengal Fali Betel Nuts by Customs authorities. The learned single Judge had initially directed the release of the betel nuts and vehicles, but the Union of India and Customs authorities sought modification citing adulteration concerns based on a report from the Central Food Laboratory Kolkata. The report indicated that the betel nuts were adulterated and unfit for human consumption due to insect infestation and damage. The writ petitioners contended that the betel nuts were intended for processing and not for immediate consumption. The learned single Judge, in the impugned order, dismissed the application for modification, leading to the current appeal.During the appeal, the appellant Union of India argued that food items unsafe for human consumption should not be allowed in the market, citing a Supreme Court judgment and a government instruction emphasizing compliance with specified norms for food items. The learned single Judge considered these arguments and refused to modify the release order, leading to the dismissal of the appeal. The Court concurred with the single Judge's decision, finding the appeal lacking in merit and dismissing it outright. The interlocutory application was also disposed of in the process.