Unpaid seller rights supported re-export of abandoned imported goods despite pending customs investigation and proposed confiscation.

An unpaid seller of imported goods that the importer refused to clear and then abandoned retained rights under Sections 45 and 46 of the Sale of Goods Act, 1930, including lien and the ability to assert title over the goods. On those facts, the pendency of an investigation and a show cause notice proposing confiscation did not, by itself, prevent permission for re-shipment or re-export, especially where the importer raised no serious objection to re-export. Customs authorities were therefore directed to permit re-export, subject to any other legal impediment, while remaining free to proceed under law on the investigation and confiscation issues.

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Issues: Whether the petitioner, as unpaid seller of the imported goods abandoned by the importer, was entitled to seek permission for re-shipment or re-export of the goods, notwithstanding the customs authorities' objection based on pending investigation and proposed confiscation.

Analysis: The petitioner had shipped the goods to the importer, but the importer refused to clear them and did not pay the price. On those facts, the petitioner retained the rights of an unpaid seller under Sections 45 and 46 of the Sale of Goods Act, 1930, including lien and the ability to assert title where the importer had abandoned the goods. The record also showed that the importer had no serious objection to re-export. The pendency of investigation and the show cause notice proposing confiscation did not, on the facts of the case, defeat the petitioner's request for permission to re-ship or re-export, though the authorities were left free to take appropriate action under law.

Conclusion: The petitioner was entitled to permission to re-export the goods, and the customs authorities were directed to grant such permission, subject to any other legal impediment.

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