Retesting and reprocessing of seized imported goods allowed conditionally, with release dependent on laboratory certification of fitness.

Seized imported goods found inconsistent with the prescribed standard were directed to undergo fresh testing by the Central Food Laboratory to determine whether they could be rendered fit for human consumption after reprocessing. If the laboratory report was affirmative, reprocessing under bond was to be permitted, followed by a further test of the reprocessed goods. Release was to occur only if the reprocessed goods then satisfied the prescribed standard. The directions reflected the perishable nature of the goods and the need for expeditious disposal, but no outright release was ordered.

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Issues: Whether the seized imported goods, found inconsistent with the prescribed standard, should be sent for retesting and, if found capable of being rendered fit for human consumption after reprocessing, be permitted to be reprocessed and released.

Analysis: The goods had been confiscated on the basis of a test report indicating non-conformity with the prescribed standard. The disposal of the appeal was directed on the footing that a fresh sample should first be examined by the Central Food Laboratory to determine whether the goods could be made fit for human consumption after reprocessing. If the report was affirmative, reprocessing under bond was to be permitted, followed by a further test of the reprocessed goods. Release was to follow only if the reprocessed goods satisfied the prescribed standard. The directions were issued having regard to the perishable nature of the goods and the need for expeditious completion.

Conclusion: The goods were not ordered to be released outright, but the appellant was granted a conditional opportunity for retesting, reprocessing, and release depending on laboratory certification.

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