Court Allows Release of Apple Consignment with Bond Due to Perishable Nature; Aligns with Kerala and Bombay HC Stays.

The court permits the provisional release of the detained apple consignment under Bill of Entry No. 8854586, dated 20 November 2023, upon the petitioner furnishing a bond, considering the perishable nature of the goods and existing legal precedents. The court mandates an assessment of the bill of entry within three days, noting that no costs are imposed. The decision aligns with stays granted by the Kerala HC and Bombay HC on the relevant notification, reinforcing its nationwide applicability. The matter is disposed of without further costs.

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Issues involved:
The judgment concerns the import of apples under a specific Bill of Entry, where the consignment has been detained due to a notification capping the minimum price of apples for import at Rs.50/- per kg.

Issue 1: Applicability of Notification No. 5/2023
The petitioner contends that the import value is exactly at Rs. 50/- per kg, making the notification inapplicable. Reference is made to a similar case before the Kerala High Court where a stay was granted on the same notification, allowing provisional release of the imported apples.

Issue 2: Respondent's Opposition and Confiscation
The respondent opposes the petition, claiming the petitioner waived a show cause notice and that the goods have been confiscated through an order dated 18 December, 2023. However, the petitioner has not been served with a copy of this order, and the court deems this not affecting the current proceedings.

Issue 3: Judicial Precedents and Stay of Notification
Both the Bombay High Court and the Kerala High Court have consistently allowed clearance of apples subject to the stayed notification. No contrary judgments have been presented, and the stay on the notification by the Kerala High Court is deemed applicable nationwide based on established legal principles.

Judgment Summary:
The court, after considering the perishable nature of the imports and the legal precedents, allows the petition for provisional release of the consignment of apples subject to Bill of Entry No. 8854586 dated 20 November, 2023, upon the petitioner furnishing a bond. An appropriate assessment of the bill of entry is to be conducted within three days from the date of the judgment. The court observes that no costs are to be imposed, and the matter is disposed of accordingly.

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