Provisional release of imported food upheld where fresh referral testing failed to meet regulatory conditions.

Imported food already tested by an FSSAI-accredited laboratory for fitness for human consumption could not be sent for fresh referral testing unless the conditions in the Food Safety and Standards (Import) Regulation, 2017 were strictly met. The Customs authorities had sought further testing for reasons not supported by the regulations, and the communication did not show sufficient reason to believe that the goods posed a serious hazard. On that basis, refusal to grant provisional release under Section 110A of the Customs Act was not legally sustainable, and the Tribunal's order directing provisional release was upheld.

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Issues: Whether the order directing provisional release of imported goods was liable to be interfered with on the ground that the customs authorities were justified in seeking a fresh opinion from the referral laboratory on fitness for human consumption and in declining release under Section 110A of the Customs Act, 1962.

Analysis: The samples were sent for different and distinct purposes: the Customs laboratory was called upon to examine matters relevant to classification and possible adulteration, while the FSSAI-accredited laboratory was specifically asked to opine on fitness for human consumption. The first FSSAI report certified the samples as fit for human consumption. The later reference to the referral laboratory was made without a proper basis under the Food Safety and Standards (Import) Regulation, 2017. Regulation 9 contemplates referral testing only in the manner prescribed when the sample is found unsafe, and Regulation 10(9) can be invoked only where the authorised officer has sufficient reason to believe that the imported food poses a serious hazard. The communication seeking further testing did not disclose such sufficient reason. In these circumstances, the reference to the referral laboratory was not supported by the governing regulations, and the refusal to grant provisional release was not legally sustainable.

Conclusion: The challenge to the order directing provisional release failed. The order of the Tribunal was upheld and the appeal was rejected.

Ratio Decidendi: Where imported food samples have already been tested by an FSSAI-accredited laboratory for human-consumption fitness, a further referral to another laboratory must strictly satisfy the conditions prescribed by the Food Safety and Standards (Import) Regulation, 2017; absent such compliance and sufficient reasons under the regulations, customs authorities cannot refuse provisional release on that basis.

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