Provisional release of seized goods must be decided promptly with personal hearing and a reasoned order

A customs authority was directed to consider an application for provisional release of seized goods in accordance with law where the request had remained undecided and the goods were stated to be perishable and likely to lose market value. The direction required the Commissioner to grant a personal hearing to the petitioner or authorised representative and pass a reasoned order on all issues raised, including the applicability of the cited provision. The application had to be decided within two weeks, ensuring prompt administrative consideration before deterioration of the goods' value.

---

---

Issues: Whether the application for provisional release of seized goods was required to be decided by the customs authority within a fixed time after granting a hearing to the petitioner.

Analysis: The application for provisional release was stated to have remained undecided, while the goods were asserted to be perishable and likely to lose market value if not released provisionally. In the absence of any response from the customs authorities, the Court directed the Commissioner to consider the request in accordance with law. The direction also required a personal hearing to the petitioner or his authorised representative and a reasoned decision on all points raised, including the applicability of the cited provision.

Conclusion: The customs authority was directed to decide the application for provisional release within two weeks, after granting a personal hearing and recording reasons.

---