Court orders prompt disposal of representations for release of imported goods, allows provisional release under Section 110A.

The court directed the respondents to promptly dispose of the petitioner's representations regarding the release of imported goods, emphasizing the need for a prompt decision, especially for perishable goods. The court allowed petitioners to apply for provisional release under Section 110A within two weeks, highlighting the importance of not withholding goods unnecessarily to prevent congestion at ports and warehouses. The court disposed of the writ petitions without costs, following the principles outlined in Circular No.22/2004-Cus. regarding the release of consignments in classification disputes.

---

---

Issues:
- Mandamus to release imported goods
- Provisional release under Section 110A
- Discretion to pay fine in lieu of confiscation
- Perishable goods and prompt exercise of discretion
- Circular No.22/2004-Cus. regarding release of consignments

Analysis:
The petitioner sought a mandamus to direct the respondents to release imported goods of Betel Nut Products and issue a waiver certificate for detention and demurrage charges. The court referred to a previous order stating that in the case of prohibited goods, the officer's discretion to impose a fine in lieu of confiscation is crucial. However, for non-prohibited goods, the officer must offer the option to pay a fine. The court emphasized the need for prompt exercise of discretion, especially for perishable goods like the ones in question, which had been exposed to inclement weather since February 2022.

The court highlighted a previous case where an order-in-original was reversed due to the need for re-testing of goods by the jurisdictional FSSAI lab. The court permitted all petitioners to apply for provisional release under Section 110A within two weeks, emphasizing a prompt decision by the adjudicating authority. The court also referenced Circular No.22/2004-Cus., which outlined procedures for releasing consignments in classification disputes, stressing the importance of not withholding goods unless prohibited by law or for prosecution, to prevent congestion at ports and warehouses.

The court extended the direction from a previous batch of writ petitions to the present matters, requiring the respondents to dispose of the petitioner's representations promptly. Ultimately, the court disposed of the writ petitions without costs, closing connected miscellaneous petitions.

---