Right to re-export imported goods turns on whether title has passed to the importer; customs must first decide ownership.

The right to re-export imported goods depends on whether title in the goods has passed to the importer. If title has not passed, re-export may be permitted subject to lawful charges; if title has passed, the exporter cannot insist on re-export. The issue was treated as one of fact for customs authorities to determine on the evidence. The High Court order was set aside and the matter remanded for a finding on whether ownership had passed to the importer, which would control the availability of re-export.

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Issues: Whether the respondent could seek re-export of the goods depended on whether title in the goods had passed from the respondent to the importer.

Analysis: The entitlement to re-export was held to turn on ownership of the goods. Where title had not passed from the exporter to the importer, re-export could be permitted subject to lawful charges. Where title had passed, the exporter had no right to insist on re-export. The question was treated as one of fact requiring determination by the customs authorities, not by the Court on the existing record.

Conclusion: The High Court order was set aside and the matter was remanded to the customs authorities to determine whether title to the goods had passed to the importer; re-export would be available only if title had not passed, and would be rejected if title had passed.

Ratio Decidendi: The right to re-export imported goods depends on whether title in the goods has passed to the importer; if title has passed, the exporter cannot claim re-export, and if title has not passed, re-export may be allowed subject to lawful dues.

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