9911796707
|
Home
Issues:
Prayer for quashing seizure memo and letter rejecting provisional release of goods, direction for awarding demurrage, detention charges, and interest for illegal detention. Analysis: The petitioner, a private limited company, imported Hydrogenated Vegetable Oil (Vanaspati) from Sri Lanka under the Free Trade Agreement and filed a Bill of Entry for custom clearance. Customs authorities seized certain containers of Vanaspati alleging violation of the Customs Act, as the samples did not conform to the standards under the Prevention of Food Adulteration Act, 1954. The petitioner's request for provisional release of the goods was rejected. The petitioner sought quashing of the seizure memo and the letter informing about the failed samples, along with a direction for compensation for illegal detention. The Director General of Foreign Trade (DGFT) later amended the policy allowing import of Vanaspati from Sri Lanka for specific dates. The reply filed by the authorities alleged that the Bill of Lading was ante-dated, and there were suspicions of importing non-edible grade Vanaspati Ghee instead of the intended Vanaspati Ghee. Test reports indicated discrepancies in the melting points and synthetic Vitamin A content of the samples, leading to the failed conformity to standards. The court noted the delay in finalizing the matter and the loss caused to the petitioner due to the indefinite detention of goods without a formal order. The court directed the respondents to pass an appropriate order regarding the goods within two weeks, emphasizing that the decision did not express any opinion on the merits of detention justification. The writ petition was disposed of accordingly, leaving the final decision on the goods to be determined by the authorities within the specified timeframe.
|
