Arbitrary rejection of imported consignments for labelling non-conformity found prima facie unlawful, with clearance ordered

Rejection of imported consignments for alleged non-conformity with packaging and labelling requirements was found, prima facie, arbitrary where the authority cited only one reason on its website and did not show any sample analysis or specific defect to justify rejection under the relevant provision. The label was prima facie consistent with the stated clause, and inconsistent treatment of the same product across different consignments supported the finding of arbitrariness. Ad-interim relief was granted, directing clearance of the detained consignments subject to compliance with other applicable laws.

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Issues: Whether the rejection of the imported consignments on the stated ground of non-conformity with the packaging and labelling requirement was arbitrary and whether ad-interim relief should be granted.

Analysis: The rejection communicated on the Authority's website gave only one reason, namely that the label did not conform to Clause 2.2.2(2). No analysis of the sample was shown, and no specific defect was demonstrated to justify rejection on the basis of Section 22. The label was found, prima facie, to conform to the stated clause, and the inconsistent treatment of the same product across different consignments supported a finding of arbitrariness.

Conclusion: The rejection was held to be prima facie arbitrary and violative of Article 14, and ad-interim relief was granted directing clearance of the detained consignments subject to compliance with other applicable laws.

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