FSSAI certification controls imported food clearance; customs cannot impose arbitrary re-testing or security conditions without legal basis.

Where imported edible goods have been examined under the FSSAI testing regime, tested by the National Food Laboratory and cleared by NOCs, customs authorities cannot disregard those statutory findings and insist on repeated re-testing without a valid legal basis. The article notes that the court treated the imported consignments as roasted areca nuts on the basis of physical examination and held that the seizure memo and release conditions requiring a bank guarantee and no-use undertaking were unsustainable. It further indicates that release was to be allowed on payment of duty, subject to directions on post-clearance cleaning and fresh FSSAI certification before domestic sale for human consumption.

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Issues: Whether the seizure memo and the provisional release order imposing a bank guarantee and no-use condition on imported roasted areca nuts were lawful in the face of FSSAI test reports and NOCs.

Analysis: The imported goods had been examined by FSSAI-authorised officers, samples were tested by the National Food Laboratory, and NOCs were issued after the goods were found to conform to the applicable food standards. The Court held that the respondents had no satisfactory basis to disregard those statutory reports and undertake repeated re-testing on the strength of CRCL reports. The FSSAI regime provides the relevant testing mechanism for food imports, and once the specialised authority had certified the goods, the customs authorities could not arbitrarily re-open the question of whether the consignments were roasted areca nuts fit for consumption. The Court also accepted the physical examination of samples and concluded that the imports were in fact roasted areca nuts. The seizure memo and the condition requiring a bank guarantee were therefore unsustainable, and the goods were liable to be released on payment of duty without insisting on security or a no-use undertaking, subject to the Court's directions regarding post-clearance cleaning and fresh FSSAI certification before domestic sale for human consumption.

Conclusion: The seizure memo and the bank guarantee condition were quashed, and release of the goods was directed in favour of the petitioner without insisting on a no-use bond or security deposit.

Ratio Decidendi: Where the competent food-safety authority has statutorily examined imported edible goods and certified them as conforming, customs authorities cannot displace that certification by repeated re-testing or impose arbitrary release conditions without a valid legal basis.

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