The Court docket stated that any statement on the deserves of the case would prejudice the proceedings initiated by authorities to find out the classification of the imported produce.
Nonetheless, it additionally famous that the 4 consignments already launched by the authorities had been just like the seized consignment as their moisture content material, a determinative issue, was under 7 %.
The Court docket additionally took observe of personal lab reviews exhibiting that the imported consignments had been roasted areca nuts. Thus, the Court docket allowed the petitions.
“In such circumstances we’re of the view that when the report of Central Income Management Laboratory has primarily based its conclusion solely on bodily look and never on another scientific parameter, it might not be applicable to permit the respondents to withhold the discharge of products for years collectively, or name upon the petitioner to launch such items solely on furnishing of financial institution assure,” the Court docket stated.
Thus, it directed that bodily supply of products declared match for consumption be ensured inside a fortnight. Additional, the Court docket directed that the 2 consignments, discovered to be roasted areca nuts by authorities themselves however withheld for eight months, even be launched.
