TMI Blog2022 (9) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... oner, could hardly be granted inasmuch as the goods were already transported away from the Mundra Port and came to be intercepted admittedly at a place near Sanand and thereafter, the authorities have kept the goods in a warehouse near Ahmedabad. Nothing is expressed about petitioner s claim for re-export. The petitioner may take legal recourse in this regard by approaching authorities, as may be available and permissible under the law. Prayer for provisional release of the seized goods - HELD THAT:- The provisional release is granted in terms of section 110A of the Customs Act. In this regard, it is to be noticed from the contents of the affidavit-in-reply filed by respondent No.3 Customs that the petitioner has already made applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TA(3256) for the Respondent(s) No. 3 PRIYANK P LODHA(7852) for the Respondent(s) No. 2 SERVED BY RPAD (N) for the Respondent(s) No. 1 ORDER ( PER : HONOURABLE MR. JUSTICE N. V. ANJARIA ) Heard learned advocate Mr. D. K. Trivedi for the petitioner, learned advocate Mr. Priyank Lodha for respondent No.2 and learned advocate Mr. Chirayu Mehta for respondent No.3. 2. The controversy in this petition relates to the goods such as Instant Coffee Nescafe, Chewing Gum Trident, Samyang Mix Noodles, Waffer Chocolate Ferrero, Chocolate Bar Kinder Bueno, Chocolate paste Nutella, Sugar Confectionery Candy Fruitella, Chocolate Bar Bounty, Chocolate Bar Snickers, Chocolates bar Mars, Chocolate Bar Twix, Chocolate Bar Cadbury et ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, part with or otherwise deal with the said seized goods. 3.3 The goods have been seized by the authorities on the ground of non-observance of conditions of Food Safety and Standards Act, 2006 read with Food Safety Standard Rules, 2011 as well as the Food Safety and Standard (Import) Regulation, 2017 and other applicable FSSAI norms and other safeguarding conditions. It was provided in the seizure memo that the importer or transporter may approach to the Principal Commissioner or any other competent authority mentioned in the seizure memo for provisional release of the goods under section 110A of the Customs Act. 4. The petition was contested by filling affidavit-in-reply by respondent No.2, in which it was stated that the goods of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at a place near Sanand and thereafter, the authorities have kept the goods in a warehouse near Ahmedabad. 5.1.1 We do not express anything about petitioner s claim for re-export. The petitioner may take legal recourse in this regard by approaching authorities, as may be available and permissible under the law. 5.2 As far as the prayer for provisional release of the seized goods is considered, the provisional release is granted in terms of section 110A of the Customs Act. In this regard, it is to be noticed from the contents of the affidavit-in-reply filed by respondent No.3 Customs that the petitioner has already made applications in form of letters dated 4.6.2022 and 1.7.22 seeking provisional release of the goods. The affidavit-in- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letters-cumapplications of the petitioner pending with the authorities seeking provisional release of the goods are decided by the authorities in exercise of powers under section 110A of the Act. It will be for the competent Customs authorities to take a proper decision about the provisional release imposing conditions for such release as may be deemed fit by the authorities. 6. When the applications seeking provisional release are pending before the authorities, it is entirely for the authorities to consider the same and to further assess the requirements of the nature of the security to be obtained for the provisional release. 6.1 We direct that the competent authority of the Customs department shall consider the pending applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
