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Issues: (i) Whether Customs officers may draw samples of imported food articles under Section 144 of the Customs Act, 1962 for Customs purposes notwithstanding procedures under the Food Safety and Standards Act, 2006; and (ii) Whether pre-adjudication challenges to Customs sampling and laboratory reports justified writ relief quashing those proceedings and directing fresh sampling, cargo release and related measures.
Issue (i): Whether Customs officers may draw samples of imported food articles under Section 144 of the Customs Act, 1962 for Customs purposes notwithstanding procedures under the Food Safety and Standards Act, 2006.
Analysis: The Customs Act, 1962 and the Food Safety and Standards Act, 2006 operate concurrently in distinct fields: Customs regulates import control, tariff classification, valuation, fiscal fraud and enforcement of import prohibitions, while the food-safety regime regulates fitness of food for domestic consumption. Section 25(1)(iii) of the Food Safety and Standards Act, 2006 confirms that food imports must comply with that Act as well as other applicable laws.
Analysis: Section 144 of the Customs Act, 1962 authorises the Proper Officer to take samples for examination, testing, valuation and other Customs purposes. This power extends to food articles and remains available for determining commodity identity, tariff classification, misdeclaration and evasion of import restrictions. FSSAI's routine clearance and sampling process commences upon routing of the Bill of Entry to the Food Import Clearance System; it does not exclude Customs sampling during an intelligence-driven investigation before such routing. Executive instructions cannot curtail statutory powers conferred upon Customs officers.
Conclusion: Customs officers may lawfully draw samples of imported food articles under Section 144 of the Customs Act, 1962 for Customs examination, classification, valuation and investigation; the food-safety regime does not confer exclusive sampling authority upon FSSAI for those purposes.
Issue (ii): Whether pre-adjudication challenges to Customs sampling and laboratory reports justified writ relief quashing those proceedings and directing fresh sampling, cargo release and related measures.
Analysis: Challenges concerning the manner of sampling, testing methodology, chain of custody and admissibility of laboratory reports fall for determination in the statutory Customs adjudication of the show-cause notice. The expert reports indicating misdeclaration and unsafe goods could not be quashed at the pre-adjudication stage in writ jurisdiction. Directions prescribing compulsory fresh sampling, videography, testing timelines, release of cargo and waiver of demurrage exceeded the pleaded reliefs and impermissibly substituted the statutory process.
Conclusion: The quashing of Customs sampling and laboratory reports, along with the consequential directions regulating sampling, release and demurrage, was unsustainable; the pending Customs adjudication must proceed according to law.
Final Conclusion: The Customs and food-safety regimes retain their respective concurrent functions, and the statutory Customs process remains available to determine objections to the investigation and scientific evidence.
Ratio Decidendi: Where Customs and food-safety enactments operate in distinct but concurrent fields, food-safety procedures do not impliedly displace the statutory power of Customs officers to sample imported food goods for classification, valuation, investigation and enforcement of import prohibitions.
Customs Sampling of Imported Food Remains Available Despite Food-Safety Procedures; Evidentiary Objections Belong in Statutory Adjudication
Customs sampling of imported food goods under Section 144 of the Customs Act remains available for examination, classification, valuation, investigation and enforcement of import restrictions. The Customs and food-safety regimes serve concurrent but distinct functions: Customs controls imports and related enforcement, while food-safety law addresses fitness for domestic consumption. Food-safety procedures, including FSSAI clearance processes, do not create exclusive sampling authority or curtail statutory Customs powers. Objections to sampling methods, laboratory testing, chain of custody and report admissibility are to be addressed in Customs adjudication rather than through pre-adjudication writ directions governing resampling, cargo release, testing timelines or demurrage.
Harmonious construction of Customs Act and FSS Act - Customs sampling of imported food articles - Judicial review of pending customs adjudication Harmonious construction of Customs Act and FSS Act - Customs sampling of imported food articles - Tariff classification of imported food goods - Authority of a Customs Proper Officer to draw samples of imported areca nuts held under an intelligence alert for Customs examination, tariff classification, valuation and anti-fraud investigation before routing of the Bill of Entry to FICS - HELD THAT: - The Customs Act and the FSS Act operate concurrently in distinct fields: the former governs border control, import restrictions, classification, valuation and fiscal enforcement, while the latter regulates food safety. Section 25(1)(iii) of the FSS Act confirms that food imports must comply with that Act as well as other laws. Section 89 overrides only direct inconsistency concerning food-safety standards and does not extinguish the independent sampling power under Section 144 of the Customs Act. Determination of the true commodity identity and tariff classification is antecedent to food-safety clearance. FSSAI's routine sampling procedure commences upon routing of the Bill of Entry through FICS; an intelligence alert before such routing does not confer exclusive sampling jurisdiction on FSSAI. Executive instructions cannot curtail statutory powers of Customs Proper Officers. [Paras 21, 22, 23, 25, 28] The finding that FSSAI-authorized officers alone could draw samples for every purpose was set aside; a Customs Proper Officer may lawfully draw samples of imported food articles for Customs examination, classification, valuation and investigation. Judicial review of pending customs adjudication - Relief beyond writ pleadings - Premature quashing of Customs sampling and laboratory reports, and issuance of mandatory directions concerning fresh sampling, testing, cargo release and demurrage while Customs adjudication was pending - HELD THAT: - Challenges relating to sampling procedure, testing methodology, chain of custody and admissibility of laboratory reports are matters for statutory adjudication of the show-cause notice. The Court held that quashing the sampling proceedings and laboratory reports at the writ stage disrupted that mechanism. The additional directions for compulsory fresh sampling, videography, testing timelines, release of cargo and waiver of charges travelled beyond the writ prayers and substituted statutory administrative procedure, exceeding the permissible scope of judicial review. [Paras 24, 26, 27, 28] The quashing of the Customs sampling and laboratory reports, together with the consequential mandatory directions, was set aside, and the Customs authorities were directed to proceed with adjudication in accordance with law. Final Conclusion: The intra-court appeals were allowed to the extent indicated. The Customs authorities may proceed with the pending show-cause notice adjudication in accordance with law.