Court Upholds FSSAI Clearance, Declares Customs' Actions Arbitrary
In a significant judgment, the Bombay High Court has quashed the seizure of imported roasted areca nuts by customs authorities, declaring their actions arbitrary and without legal authority. The court ruled that the Food Safety and Standards Authority of India's (FSSAI) certification of the nuts as fit for human consumption should take precedence over the Customs' retesting and seizure actions.
The case, brought forward by NBG International Private Limited against the Union of India, involved the import of roasted areca nuts that had been initially cleared by the FSSAI. Despite the clearance, customs authorities proceeded to re-test and seize the goods, claiming the presence of raw areca nuts based on reports from the Central Revenue Control Laboratory (CRCL).
The division bench, comprising Justices G. S. Kulkarni and Aarti Sathe, examined the samples and found them consistent with roasted areca nuts. The court emphasized that the FSSAI's reports confirming the safety standards should be considered conclusive unless credible reasons are established for doubt.
The judgment criticized the customs department's actions, stating that the re-testing and imposition of conditions for the release of goods were arbitrary and violated the law. The court highlighted the need for adherence to the highest standards in food safety certification, urging the FSSAI to ensure rigorous standards for public health protection.
The court ordered the release of the goods, subject to conditions ensuring their safety for human consumption, and emphasized that any further handling of the goods must be under FSSAI supervision.
Bottom Line:
Import of roasted areca nuts - Action of customs authorities in re-testing and seizing goods despite FSSAI clearance held arbitrary and without authority of law - FSSAI reports confirming food safety standards take precedence over CRCL observations unless credible reasons are established.
Statutory provision(s): Customs Act, 1962 Section 110A, Food Safety and Standards Act, 2006, Food Safety and Standards (Import) Regulations, 2017 Regulation 14, Constitution of India Article 226
NBG International Private Limited v. Union of India, (Bombay)(DB) : Law Finder Doc id # 2878804
