Imported Goods Detained by Customs due to Alleged BIS Certification & Labelling Defects: Chhattisgarh HC Directs Adjudicating Authority to Decide [Read Order]
The Court refrained from examining merits, holding that the issues must be resolved through statutory adjudication
The High Court of Chhattisgarh addressed a writ petition filed by an importer seeking release of imported goods detained by customs authorities on alleged BIS certification and labelling defects. The Court ruled that the proper course was for the importer to raise objections before the Adjudicating Authority, which must decide all issues including whether such defects are curable in accordance with law.
The petitioner, Jitendra Shadija, an importer based in Raipur, filed the writ petition under Article 226/227 of the Constitution of India seeking directions for the unconditional or conditional release of goods detained in two containers under Bills of Entry Nos. 7693776 and 7782823.
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The goods were withheld based on alleged violations related to BIS certification and labelling requirements, communicated through a show cause notice. The petitioner argued that these were entirely curable defects and that the continued detention was unjustified.
The Assessing Authorities had neither released the goods nor decided the petitioner’s objections, prompting the petitioner to approach the High Court for relief.
Advocate Siddharth Dubey, representing the petitioner submitted that The detention without adjudication causes disproportionate hardship and violates Article 14 and Article 19(1)(g). Further, the petitioner wishes to place comprehensive objections before the Adjudicating Authority, and seeks a direction that such objections be duly considered.
The petitioner asserted that the Court should therefore either direct unconditional release of goods or, alternatively, conditional release subject to rectification of the alleged defects.
The Single Bench of Justice Naresh Kumar Chandravanshi considered it appropriate not to delve into the merits of the BIS and labelling issues at this stage. The Court observed that adjudication is the proper statutory mechanism for deciding disputes regarding alleged import violations.
Therefore, the writ petition was disposed of with a direction to the Adjudicating Authority to decide all objections, including those related to curability of BIS certification defects, and labelling issues.
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