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2013 (1) TMI 228 - CESTAT AHMEDABADConfiscation of misbranded or unsafe goods - creamy butter peanut rejected on not conforming the standards at the purchasers end - FAA converted absolute confiscation into confiscation directed to the released on payment of redemption fine of Rs.50,000/- - Held that:- FAA while disposing the case, has recorded that the appellant had undertaken to reprocess the goods and complete details of processing will be kept and before exporting the goods it will be seen that the reprocessed the products would adhere to the conditions of Food Safety and Standards & Regulations, 2011 and the provisions of Food Safety and Standards Act, 2006 and the rules made there under. Thus FAA has correctly come to the conclusion by allowing the clearance of the consignment with a further order for redemption of the confiscated goods on payment of fine to Rs.50,000/- subject to the condition that the appellant shall furnish a bond with a bonk guarantee of Rs.l0 lakhs, undertaking to clear the impugned goods under the escort of customs officers,to keep the goods of separate place in their factory premises after verification by the Officers, maintain complete account of the process & to re-process the goods under the supervision of the Central Excise Officers, within 3 months to export the re-processed goods only after receipt of test report from the Chemical Examiner FDL, Vadodara & to pay the cost of staff (officers) deployed by the Department as prescribed by the Govt. of India, in advance.
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