Court Orders Release of Seized Roasted Areca Nuts, Emphasizes FSSAI's Role in Food Safety Certification
In a significant ruling, the Bombay High Court has directed the release of roasted areca nuts imported by NBG International Private Limited, setting aside the Customs Department's seizure and conditions for provisional release. The court emphasized that once the Food Safety and Standards Authority of India (FSSAI), a statutory body, has cleared the goods as fit for human consumption, the customs authorities cannot arbitrarily detain or reclassify the goods.
The judgment was delivered by a division bench comprising Justices G.S. Kulkarni and Aarti Sathe, who heard the writ petition filed by NBG International challenging the seizure of their imported goods. The FSSAI had issued No Objection Certificates (NOCs) confirming the compliance of the roasted areca nuts with food safety standards, but the Customs Department insisted on re-testing and imposed conditions that the goods not be used for human consumption.
The court observed that the Customs Department's actions were without credible basis and arbitrary, as they disregarded the certification provided by FSSAI. The bench noted that the FSSAI, being a statutory body, is recognized to certify imports and ensure that food products meet safety standards. The court found no plausible explanation from the Customs Department for re-testing the goods, which had already been cleared by FSSAI.
In its order, the court mandated the release of the goods on payment of appropriate duty, with the condition that the imported nuts be cleaned under FSSAI supervision before being sold in the domestic market. The court also highlighted the FSSAI's statutory obligation to maintain high standards for imported and domestic food products, stressing the need for rigorous examination to prevent substandard goods from entering the market.
The ruling reaffirms the authority of FSSAI in food safety matters and underscores the limited scope of customs authorities in questioning FSSAI's certification without substantial grounds. This decision aligns with previous judgments, such as the case of Make Index Impex v. Union of India, where the court had similarly upheld FSSAI's certification over customs objections.
The judgment is expected to have significant implications for importers and the Customs Department, reinforcing the importance of adhering to statutory food safety certifications.
Bottom Line:
Customs and Food Safety Standards - Seizure of imported roasted areca nuts and imposition of conditions for provisional release questioned - Once the Food Safety and Standards Authority of India (FSSAI), a statutory body, has cleared the goods for human consumption, the customs department cannot disregard FSSAI's certification and re-classify or detain the goods arbitrarily.
Statutory provision(s): Customs Act, 1962 Sections 110A and 18, Food Safety and Standards Act, 2006, Regulation 2.12.1 of Food Safety and Standards (Food Product Standard & Food Additives) Regulations, 2011, Food Safety and Standards (Import) Regulations 2017
NBG International Private Limited v. Union of India, (Bombay)(DB) : Law Finder Doc id # 2871195
