High Court Orders Release of Perishable Rice despite Pending Appeal

The High Court directed the respondent to release a consignment of Pusa 1121 Basmati Sella Rice within 72 hours due to its perishable nature, despite an appeal pending before CESTAT against the Commissioner's order-in-original. The Court emphasized the urgency to prevent damage to the goods, following the Tribunal's order allowing the release based on meeting export criteria. The writ petition was granted without costs.

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Issues:
Release of consignment of Pusa 1121 Basmati Sella Rice for export; Confiscation of goods due to misdescription; Delay in releasing goods despite Tribunal's order; Perishable nature of goods causing risk of damage.

Analysis:
The petitioner sought a direction for the release of a consignment of Pusa 1121 Basmati Sella Rice intended for export, which was the subject of show cause notices leading to confiscation based on misdescription. The Tribunal allowed the petitioner's appeal, noting that the rice met the export criteria specified in a Notification by DGFT, and ordered the goods to be taken back to town. Despite this, the goods were not released, prompting the petitioner to file a writ petition citing the perishable nature of the goods and the risk of damage. The High Court, considering the Tribunal's order and the urgency due to the perishable nature of the goods, directed the respondent to ensure the release of the goods within 72 hours, as per the appeal pending before CESTAT against the Commissioner's order-in-original. The writ petition was allowed accordingly, with no costs incurred.

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