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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
NBG International Private Limited – Appellant
Versus
Union of India through the Secretary, Department of Revenue, New Delhi – Respondent
| Table of Content |
|---|
| 1. fssai issues noc for compliant roasted areca nuts. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. customs re-tests and seizes despite fssai noc. (Para 7 , 8 , 9 , 10) |
| 3. parties dispute fssai reports versus crcl findings. (Para 11 , 12 , 13 , 14) |
| 4. court examination confirms roasted areca nuts identity. (Para 15 , 20 , 21 , 22) |
| 5. fssai clearance binding; customs cannot reclassify. (Para 16 , 17 , 18) |
| 6. quash seizure, release post-fssai certification. (Para 19) |
| 7. fssai must enforce strict food safety standards. (Para 23 , 24) |
JUDGMENT :
Aarti Sathe, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
2. This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs :
“(a) That this Hon’ble Court be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate writ or order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner’s case and after going into the validity and legality thereof to quash and set aside (i) the impugned seizure memo dated 7.2.2026 issued by Respondent no.5 (Exhibit-A herein) and (ii
Food safety authority's clearance via NOCs after rigorous testing binds customs authorities, precluding arbitrary re-testing, seizure of compliant imported food goods without justification.
Food safety authority's NOCs confirming imported food fit for human consumption after testing bind customs; arbitrary re-testing, seizure without overriding reasons invalid.
The customs authorities must establish credible material supporting a belief that goods are of foreign origin before seizure; failure to do so renders the seizure unlawful.
The classification of 'roasted areca nuts' under CTH 2008 19 20 was upheld, distinguishing it from 'dried areca nuts', based on the distinct processes of roasting and drying as per the Customs Tariff....
The main legal point established in the judgment is the binding effect of the Authority for Advance Rulings' decision and the court's direction for fresh testing and release of the goods upon submiss....
Section 123 of Act, 1962 provides that where any goods included under Sub-section 2 of Section 123 are seized on basis of reasonable belief that same are smuggled goods, then burden of proving that t....
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