Provisional release of imported machinery upheld subject to Customs conditions and final adjudication rights

Provisional release of imported second-hand specialised multifunction print and copy machines was considered where Customs had detained the goods for non-production of a BIS certificate and DGFT authorisation. The Court applied the same approach adopted in an earlier batch of writ petitions involving similar imports and directed release on conditions imposed under Customs law. The release remained provisional and was made without prejudice to final adjudication, preserving Customs' power to decide the matter on merits.

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Issues: Whether the petitioner was entitled to provisional release of the imported goods detained by the Customs Department for non-production of BIS certificate and DGFT authorisation.

Analysis: The relief sought was identical to that considered in an earlier batch of writ petitions involving similar imports of second-hand specialised multifunction print and copy machines. As the same question had already been dealt with by the Court, similar directions were found appropriate in this petition as well. The release was directed to be governed by conditions imposed by the Customs Department under the Customs law, and the provisional nature of the release was preserved pending final adjudication.

Conclusion: The petitioner was held entitled to provisional release of the goods, subject to conditions imposed by the Customs Department and without affecting the power of final adjudication.

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