Expert inspection required before confiscation of imported goods based on missing pre-shipment certificate.

Confiscation of imported goods based solely on the absence of a pre-shipment inspection certificate was held unsustainable where the consignment remained in Customs custody and an expert examination could still determine its condition. The Tribunal accepted that safety concerns were relevant, but required a proper inspection by an expert agency before deciding whether the goods were fit for home consumption or should be re-exported. The confiscation and consequential directions were set aside, and the matter was remitted for expert inspection at the importer's cost followed by a fresh decision within the time fixed by the Tribunal.

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Issues: Whether the confiscation and re-export order passed in respect of imported goods could be sustained without inspection by an expert agency, where the consignment was lying with Customs and the absence of a pre-shipment inspection certificate was the stated basis for the action.

Analysis: The order of confiscation had been made on the footing that the required pre-shipment inspection certificate was not furnished. The material before the Tribunal showed that the goods were a live consignment in Customs custody and that an examination by experts, with adequate precautions, could assist in determining whether the goods were fit for home consumption or required to be re-exported. The Tribunal accepted that the safety concerns were relevant, but held that a proper inspection through an expert agency was still necessary before a final decision on the fate of the goods could be taken.

Conclusion: The confiscation and consequential directions were set aside, and the matter was remitted for expert inspection at the importer's cost followed by a fresh decision within the time fixed by the Tribunal.

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