The Kerala High Court has directed that the buffalo meat consignments seized by the Customs Department to be disposed of within one month as it is a perishable commodity.
The bench of Justice Ziyad Rahman A.A. has directed that the competent officer of the Customs, shall ensure that the adjudication process is completed, by following the statutory procedure contemplated in this regard, including hearing of the affected parties, as expeditiously as possible, at any rate within a period of two months.
In all the cases the issue that arises, pertains to the seizure of the consignments of buffalo meat, which were proposed to be exported to a foreign country. On examination, it was found that, there was misdeclaration by the consignor, and it contained certain items which were prohibited to be exported.
Therefore, the respective consignments were seized by the Superintendent/Senior Intelligence Officer. The confiscation proceedings were initiated and the same are now pending consideration before the authority concerned.
The grievance of the petitioner is that, on account of the delay in completing the adjudication process, the containers used for the export are being detained by the authorities concerned and according to the petitioner, the authorities ought to have disposed of the article expeditiously and released the containers to the petitioner therein. Necessary reliefs in this regard were thus sought by the Carrier.
The Customs department submitted that the adjudication process already initiated in respect of these cases, can be completed within a time frame. It is also submitted that, as the articles which are subject matter of the proceedings are perishable, the same have to be disposed of expeditiously and it can also be done within a time frame.
The court directed that on disposal of the properties, the containers shall be released to the petitioner within a period of ten days from the date of the sale.
Case Details
Case Title: M/S.Varsha Fresh Meat Products Private Limited Versus Commissioner Of Customs
Case No.: WP(C) NO. 19159 OF 2025
Date: 29/05/2025
Counsel For Petitioner: Alias M.Cherian
Counsel For Respondent: P.G. Jayashankar
