2013 (1) TMI 899 - HC - Customs

Summary

Issues involved:
The issues involved in the judgment include detention of goods at Nhava Sheva Port, objection raised by Customs Authorities, interpretation of legal provisions, and permission for export of goods.

Detention of Goods at Nhava Sheva Port:
The petitioners sought relief to restrain the authorities from detaining 1250 boxes of RMD Gutkha at Nhava Sheva Port and to allow the goods to be shipped to the consignee. The goods were held up due to objection raised by Customs Authorities based on a letter from the Food and Drug Administration (FDA) and a Government of Maharashtra order.

Interpretation of Legal Provisions:
The petitioners argued that since the goods were manufactured in Gujarat and not brought into Maharashtra for distribution or sale, the objection raised by the authorities invoking the order dated 19 July, 2012, was unjustified. The Advocate General contended that allowing the goods into Maharashtra for export could lead to diversion for local consumption, making enforcement difficult.

Permission for Export:
The Court suggested a solution where the petitioners could export the goods if they agreed not to bring any further gutkha and pan masala into Maharashtra without prior declaration. The Advocate General agreed not to raise objections if the petitioners accepted this condition. Consequently, the Court directed the Customs Authorities to permit the export of the 1250 boxes of RMD Gutkha without relying on the previous objection.

Legal Clarifications:
The Court clarified that the order did not exempt the petitioners from other legal export requirements and did not express an opinion on the legal issues raised in the petition. The petition was disposed of with liberty for the petitioners to raise the same contentions in future proceedings. Additionally, there was no restriction imposed on bringing gutkha and pan masala into Maharashtra for any purpose, with the issue to be decided according to the law when challenged.

This judgment allowed the export of goods under specific conditions, considering the circumstances of the case and ensuring compliance with legal requirements.