Authorities should Act with Greater Swiftness when Goods are Perishable in Nature: Gujarat HC Orders Provisional Release of Kiwi Fruits [Read Order]

Ordering the provisional release of seized kiwi fruits the Gujarat High Court ruled that the authorities should act with greater swiftness when goods are perishable in nature. The petitioner in the present matter is M/s Sufi Impex.

The challenge in the petition is directed against the seizure memo issued to all the petitioners under Section 11 of the Customs Act, 1962. The petitioners imported the goods of the description of fresh Kiwi fruits or assorted fresh Kiwi in four different Bills of Lading. The goods came to be seized by aforesaid seizure memo on the allegation that the petitioners misdirected in furnishing details in relation to the import of the said goods.

The authorities proceeded to exercise their powers under section 110 of the Customs Act, 1962, and seized the goods and in the seizure memo, it was stated that the same Psyto-sanitary Certificate was used many times for similar quantity.

The Advocate for the petitioner submitted that the goods are of perishable nature, which are lying with the authorities since the date of seizure, and since they are perishable in nature, they are on the verge of perishing to result into serious financial loss and also prejudice to the petitioner who has already requested the authorities to clear the goods.

The Court of Justices NV Anjaria and Niral R Mehta ruled that “When the goods are perishable in nature, the authorities should act with greater swiftness to proceed with the adjudicatory mechanism and take a final decision.”

The Bench also noted that as far as the conditions on which the goods may be released to the petitioner, the court leaves the said aspect to the competent authority concerned who shall prescribe the conditions on the lines of the conditions prescribed by this court in M/s. A and A Shipping Services exercising sound discretion in that regard and upon compliance of such conditions shall provisionally release the goods.

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