Food safety authority's NOCs confirming imported food fit for human consumption after testing bind customs; arbitrary re-testing, seizure without overriding reasons invalid.

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) order dated 20.2.2026 passed by Respondent no.4 (Exhibit-B herein) to the extent it seeks an bank guarantee of Rs.10 lacs and undertaking stating that the goods would not be used for human consumption;

(b) That this Hon’ble Court be pleased to issue Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate writs, orders or directions under Article 226 of the Constitution of India ordering and directing the Respondents and their officers, subordinates, servants and agents to forthwith permit clearance of the Roasted Areca Nuts covered under Bill of Entry Nos.6695720 dated 3.1.2026 and 6829010 dated 11.1.2026 (Exhibit-C and D herein) for home consumption on payment of appropriate duty.”

3. The primary challenge in the present petition is the action of Respondent no.5 in illegally seizing the roasted areca nuts (the imported goods) covered under two Bill of Entries vide seizure memo dated 7^th February 2026 and the order of provisional release dated 20^th February 2026 passed by the Respondent no.4 to the extent it imposes a condition seeking no use bond from the Petitioner and also seeking a bank guarantee in respect of the said imported goods which the Petitioner contends is without any authority of law and in breach of the provisions of the Food Safety and Standards Act, 2006 (FSSA Act).

4. Brief facts are as under: The Petitioner is a private limited company incorporated under the provisions of Companies Act, 1956 and is, inter alia, carrying on the business of imports of nuts, spices, food commodities and related items since the year 2023. The Petitioner on 3^rd January 2026 imported the aforesaid imported goods and filed two Bills of Entries bearing Nos. 6695720 dated 3 January 2026 and 6829010 dated 11January 2026 classifying the said goods under Customs Tariff Head CTH20081991 on “first check basis”. The assessment of the said goods was assigned under the Faceless Assessment Group of National Assessment Centre. The officer under the Faceless Assessment Group conducted 100% examination of the imported goods and issued his examination report.

5. Thereafter the imported goods covered under Bill of Entry No.6695720 dated 3^rd January 2026 were examined by the Authorized Officer from the Food Safety and Standards Authority of India (FSSAI) and the said officers also drew samples for testing in the presence of the officers of Customs. By way of a test report dated 12^th January 2026, the National Food Laboratory, a premium testing Laboratory of FSSAI, confirmed that the said sample drawn by the authorized officer, were complying with the characteristics of roasted areca nut free from visible extraneous matter. In view of the aforesaid test report dated 12^th January 2026, the FSSAI provided its No Objection Certificate (`NOC’) for clearance of the imported goods. Subseq