Provisional release of imported CRGO sheets allowed on BIS compliance, security conditions, and detention certificate relief.

Imported CRGO sheets were found, on independent testing, to conform to BIS specifications, so provisional release was permitted despite objections about the manufacturer's BIS licence or registration. The genuineness of the mill test certificate was treated as a matter for adjudication and not a reason to refuse interim release once the goods themselves were shown compliant. Release was made conditional on furnishing security to protect revenue, including a bond for full value, a bank guarantee, and proof of the manufacturer's BIS registration or licence. Detention certificate relief was also directed as applicable in view of the prolonged detention pending adjudication.

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Issues: Whether the seized imported CRGO sheets were liable to be provisionally released, and whether the importer was entitled to a detention certificate.

Analysis: The goods had been independently tested after import and were found to conform to BIS specifications. The objection that the manufacturer's BIS licence or registration was required was accepted as relevant to the import conditions, but the genuineness of the mill test certificate was treated as a matter for the adjudication proceedings and not as a ground to deny interim release once the goods themselves were found compliant. The importer was also required to safeguard revenue by furnishing security, and the prolonged detention of the goods was noted as causing hardship while adjudication remained pending.

Conclusion: The request for provisional release was allowed, subject to furnishing a bond for full value, a bank guarantee of Rs. 25 lakhs, proof of BIS registration/licence of the manufacturer, and issuance of detention certificate as applicable.

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