Consistent customs practice and fair notice governed import clearance; confiscation was set aside for unfair departure from treatment

A consistent Custom House practice of clearing similar imports against Exim scripts could not be disregarded to the prejudice of importers without prior notice of any change. The importer was entitled to like treatment for like imports, and departure from the established practice without notice was treated as unfair. Even if the goods were otherwise liable to confiscation, release on caution was considered appropriate in the circumstances, and the confiscation was not sustained.

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Issues: Whether confiscation of the imported goods could be sustained when the Custom House had followed a consistent practice of clearing similar goods against Exim scripts and no prior notice was given of any change in that practice.

Analysis: A consistent practice of clearance in the Custom House had been followed in respect of similar imports. Such practice could not be disregarded to the prejudice of importers without first putting them on notice of the intended change. The importer was entitled to expect like treatment for like imports, and a departure from the established practice, without notice, was unfair. Even assuming the goods were otherwise liable to confiscation, release on caution was considered appropriate in the circumstances.

Conclusion: Confiscation was not sustained and the order of confiscation was set aside.

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