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2019 (10) TMI 338 - HC - CustomsProvisional release of goods - import of Betel nuts - it was alleged that the goods were deteriorated in quality and is not fit for human consumption - Notification under section 5 of the Foreign Trade (Development and Regulation) Act, 1992 - HELD THAT:- It is absolutely plain that the observation of the Division Bench that the respondents had been “knocked out” was to be taken as prima facie. The Ghaziabad report along with all other evidence, which the appellant had produced to prove that the goods were fit for human consumption at the time of importation and thereafter, were to be considered by the Hon’ble first court on the basis of the affidavits to be filed and the exception to the report. The case in the writ application as a whole was also to be considered by the Hon’ble first court upon exchange of affidavits. We do not find from the said order dated 13th January 2016 that any point taken in the writ application was closed by it. Impugned order set aside - the writ remanded to the Hon’ble first court with a request to decide the same as early as possible, especially considering the fact that six years have passed since importation of the goods.
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