Tribunal overturns Customs Order seizing poppy seeds from Pakistan-legal origin certificates crucial

The Tribunal set aside the Order-in-Original confiscating poppy seeds imported from Pakistan under the Customs Act. The Tribunal emphasized the certificates from reputable Pakistani authorities affirming the legal origin of the goods, despite doubts raised by the respondent. It highlighted the absence of specific prohibition on opium cultivation in Pakistan in the import policy and granted consequential relief to the importer, concluding that the evidence favored the importer due to the certificates and lack of proof of forgery.

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Issues:
Appeal against Order-in-Original confiscating poppy seeds imported from Pakistan under Section 112A of the Customs Act, 1962.

Analysis:
The appellant argued that the imported goods were accompanied by certificates from various Pakistani authorities confirming the legal origin of the poppy seeds. The certificates from the Export Promotion Officer, Chamber of Commerce & Industry, and Quarantine Department at the Port of Karachi all declared the goods were legally grown in Pakistan. The advocate highlighted that the adjudicating authority acknowledged the Pakistani origin of the goods despite some packing materials with Turkish markings, emphasizing the importance of the certificates.

The respondent contended that the International Narcotic Control Bureau (INCB) communicated to the government that there was no licit cultivation of opium in Pakistan, leading to the presumption that any poppy seeds from Pakistan were not original. The respondent raised doubts about the veracity of the certificates provided by the importers, especially noting markings indicating Turkish origin on some packs.

Upon review, the Tribunal found that the basis for holding the poppy seeds as contraband was the INCB circular stating Pakistan as a non-producer of licit opium. However, the Tribunal emphasized that the import was governed by Notification No. 25 (RE/98) of the DGFT, which required licit cultivation of poppy seeds, certified by the concerned government. The Tribunal noted that the notification did not deem goods from Pakistan or Afghanistan as illicit, and the certificates provided by the appellants were from reputable Pakistani authorities, affirming the legal origin of the goods.

The Tribunal concluded that the evidence, including the certificates and the absence of proof of forgery, favored the importer. It criticized the lack of specific prohibition on opium cultivation in Pakistan in the import policy, suggesting that such restrictions should be explicitly stated. Consequently, the Tribunal set aside the Order-in-Original and allowed the appeal, granting consequential relief to the importer.

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