Food-safety sampling procedure governs imported edible goods, while provisional release requires recorded confiscation grounds rather than mere suspicion.
Imported edible goods must be sampled under the prescribed food-safety procedure by an authorised officer, with Customs sampling powers exercised consistently with that regime. A food-test report based on a sample drawn solely by a customs officer is excluded where a subsequent authorised sample and accredited-laboratory test establishes conformity with applicable standards. Provisional release pending assessment should not be withheld merely on suspicion without a seizure memo or recorded grounds that the goods are liable to confiscation. Assessment and classification remain subject to adjudication, and an appropriate personal bond for potential differential duty or penalty may be required.
Issues: (i) Whether the first food-sample test report could be relied upon when the sample was drawn by a customs officer; and (ii) Whether provisional release of the goods pending assessment was justified.
Issue (i): Whether the first food-sample test report could be relied upon when the sample was drawn by a customs officer.
Analysis: Regulations 5 and 10 of the Food Safety and Standards (Import) Regulations, 2017 require food samples to be drawn by an authorised officer under the Food Safety and Standards Act, 2006. Although Section 144 of the Customs Act, 1962 confers wide sampling powers, it must be read harmoniously with that statutory food-safety regime for edible imports. The first sample, having been drawn by a customs officer, could not be relied upon for the present purpose and stood superseded by the subsequent sample drawn by the authorised officer. The subsequent accredited-laboratory report confirmed conformity with the applicable standards.
Conclusion: The first test report was excluded from consideration, and reliance was placed on the subsequently drawn and tested sample.
Issue (ii): Whether provisional release of the goods pending assessment was justified.
Analysis: Section 110 of the Customs Act, 1962 requires recorded reasons indicating that goods are liable to confiscation. No seizure memo or reasons justifying continued retention were produced, and the goods had remained withheld on suspicion. The subsequent test report showed moisture content below 6%, which prima facie fell outside the moisture range treated as raw areca nut under the applicable advance-ruling framework. The assessment and classification remained matters for adjudication, but the absence of seizure and recorded grounds did not warrant withholding provisional release. A personal bond for differential duty or penalty could be sought at the proper officer's discretion.
Conclusion: Provisional release was sustained pending assessment, with discretion to require an appropriate personal bond.
Final Conclusion: Assessment and adjudication must proceed immediately in accordance with law, without any final determination of classification in these proceedings.
Ratio Decidendi: For imported edible goods, Customs sampling powers must be exercised consistently with the prescribed food-safety sampling procedure, and provisional release cannot be withheld merely on suspicion where no recorded grounds support seizure or continued retention.