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2021 (4) TMI 1089 - AT - CustomsConfiscation - redemption fine - penalty - import of seafood for the purpose of export and trade - Frozen Pangasius Fillet Untrimmed 100% Non IQF - quality requirements of FSSAI and the FSS Act complied or not - HELD THAT:- The appellant while placing purchase order clarified to the vendor that the goods in question should be in compliance with the Indian Standards – Food safety Standards (Contaminants, Toxins and Residues) Regulation, 2011 and Indian Food Safety and Standards Authority of India Regulation for microbiological requirements for fish and fishery products and also to meet other safety standards. In order to meet these standards, the vendor supplied the test certificate issued by the Ministry of Agriculture and Rural Development, Social Republic of Vietnam which certified that the goods imported was in compliance with FSSAI. Further, on subsequent laboratory analysis, the said product failed in two out of eighteen quality and safety parameters and as a result of which NOC was not issued by the Food and Safety Standard Authority - findings of both the authorities that the goods are liable for confiscation under Section 111(d) of the Act is not legally justified. The appellant had no intention to violate FSSAI and FSS Act and had no intention to import goods contrary to the prohibition stipulated in the Act or any other law for the time being in force. Hence, the imposition of redemption fine and penalty is not sustainable in law - Appeal allowed - decided in favor of appellant.
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