Tribunal allows appellant's request to prevent auction of Supari, orders testing for human consumption The tribunal allowed the appellant's Miscellaneous Application to prevent the auction of confiscated Supari. It found that the Betel nut was not ...
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Tribunal allows appellant's request to prevent auction of Supari, orders testing for human consumption
The tribunal allowed the appellant's Miscellaneous Application to prevent the auction of confiscated Supari. It found that the Betel nut was not prohibited goods and ordered the provisional release for testing for human consumption. The appellant was permitted to draw samples for testing by the state's Food & Drugs Administration. The appeal was set for final hearing, and the Registry was directed to list other connected appeals.
Issues: 1. Direction sought to prevent auction of confiscated Supari. 2. Appeal filed against Order-in-Original for absolute confiscation of seized Betel nut. 3. Interpretation of Section 125 of the Customs Act, 1962 concerning redemption of goods. 4. Classification of goods as prohibited or non-prohibited. 5. Provisional release of confiscated goods for testing and potential human consumption.
Analysis: 1. The appellant filed a Miscellaneous Application seeking a direction to prevent the auction of confiscated Supari by the Commissioner of Customs (Prevention), Lucknow. The appeal against the Order-in-Original for the absolute confiscation of 40 M.T. TCO Betel nut was pending before the tribunal.
2. The appellant highlighted that the Original Authority did not provide an option to redeem the goods and intended to auction them. Both parties agreed that certain documents were necessary for their arguments. The Departmental Representative contended that the confiscated goods were prohibited goods.
3. The tribunal considered the provisions of Section 125 of the Customs Act, 1962, which distinguishes between prohibited and non-prohibited goods. If goods are non-prohibited, the Adjudicating authority must offer the option to redeem them by paying a fine. Prohibited goods are defined under Section 2(33) of the Act.
4. The Original Authority classified the goods as prohibited based on a provision of the Customs Act, 1962. However, the tribunal, after examination, opined that the goods were not prohibited as they were not intercepted at any Indian entry point. Therefore, the tribunal allowed the appellant to draw samples for testing by the state's Food & Drugs Administration for potential human consumption.
5. The tribunal ordered the provisional release of the goods if found fit for human consumption, subject to a revenue deposit and bond by the appellant. The appeal was set for final hearing, and the Registry was directed to list other connected appeals. The Miscellaneous Application was allowed as per the stated terms.
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