Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Where FSSAI-authorised testing and NOCs had already confirmed the imported consignments complied with applicable food-safety standards, the HC held that Customs could not disregard those conclusive reports and re-examine the goods to justify seizure. The Court treated FSSAI laboratory certification as entitled to decisive weight in food import clearance and found the seizure memo unlawful. It also quashed the provisional release condition requiring a bank guarantee and a no-use undertaking, holding that such conditions lacked authority on the facts. The goods were directed to be released on payment of duty, subject to supervised removal of damaged items and fresh FSSAI re-certification before any domestic sale.
Where FSSAI-authorised testing and NOCs had already confirmed the imported consignments complied with applicable food-safety standards, the HC held that Customs could not disregard those conclusive reports and re-examine the goods to justify seizure. The Court treated FSSAI laboratory certification as entitled to decisive weight in food import clearance and found the seizure memo unlawful. It also quashed the provisional release condition requiring a bank guarantee and a no-use undertaking, holding that such conditions lacked authority on the facts. The goods were directed to be released on payment of duty, subject to supervised removal of damaged items and fresh FSSAI re-certification before any domestic sale.
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