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2023 (3) TMI 1182 - HC - CustomsSeeking provisional release of seized goods - import of assorted fresh Kiwi fruits - perishable goods - unfit for human consumption or otherwise - HELD THAT:- While the court has gone through the averments and contentions raised in the affidavit, they primarily relate to repeat use of the Phytosanitary Certificate for more than one consignment. It is not the stand of the authorities for seizure of the goods that the goods are unfit for human consumption. It was accepted by the respondent authorities also that it is not the ground that the goods are not worth of human consumption. Under the statutory provisions, the seizure of the goods would follow the inquiry and investigation to be further followed by adjudication process which may or may not ultimately lead to confiscation of imported goods as contemplated in section 111 of the Act. The stage of inquiry has yet not been started. It is reflected that though goods were seized on 20.11.2022, so far the petitioner is not issued show cause notice. In any case, the adjudicatory proceedings have not started - The court finds that when the goods are perishable in nature, the authorities should act with greater swiftness to proceed with the adjudicatory mechanism and take a final decision. In the facts and circumstances of the case, when the petitioner has agreed to abide by the conditions which may be imposed in light of the decision of this court in M/S. A AND A SHIPPING SERVICES VERSUS UNION OF INDIA [2022 (12) TMI 778 - GUJARAT HIGH COURT], which could be applied to guide the final order to be passed, this court is inclined to grant the prayer by allowing the provisional release of the goods. As far as the conditions on which the goods may be released to the petitioner, the court leaves the said aspect to the competent authority concerned who shall prescribe the conditions on the lines of the conditions prescribed by this court in M/s. A and A Shipping Services exercising sound discretion in that regard and upon compliance of such conditions shall provisional release the goods. The authorities shall permit the release of the goods on stipulated directions - petition disposed off.
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