Imported apples detention under price notification was unjustified; release on bond was directed given the stay and perishability.

Imported apples priced at Rs. 50 per kg were found not to fall below the minimum price threshold attributed to Notification No. 5/2023, so detention of the consignment solely on that basis was unjustified. In light of the consistent approach in earlier orders, the stay of the notification, and the perishable nature of the goods, immediate release was treated as appropriate, subject to furnishing a bond and assessment in accordance with law. The goods were therefore not to be treated as prohibited merely by reference to Notification No. 5/2023.

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Issues: Whether the consignment of apples imported at Rs. 50 per kg could be detained on the basis of Notification No. 5/2023 and whether the petitioner was entitled to release of the goods on furnishing a bond.

Analysis: The imported price was found to be at Rs. 50 per kg, which was not below the minimum price threshold said to be fixed by Notification No. 5/2023. In the absence of any contrary view and in view of the consistent approach taken in earlier orders and the stay of the notification, detention of the goods solely on that basis was held to be unjustified. The perishable nature of the goods also supported immediate release, subject to bond and assessment in accordance with law.

Conclusion: The petitioner was entitled to release of the goods on furnishing a bond, and the goods could not be detained as prohibited goods merely on the basis of Notification No. 5/2023.

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