Customs Cannot Ignore FSSAI's Clearance & Re-Test Goods Without Justification: Bombay High Court Orders Release Of Seized Imports

The Bombay High Court has held that customs authorities cannot disregard clearance granted by the Food Safety and Standards Authority of India (FSSAI) and subject imported goods to re-testing without any cogent justification. The Court observed that once a competent statutory authority like FSSAI certifies goods as compliant and fit for human consumption, questioning such certification without valid reasons is arbitrary and without authority of law.A division bench of Justices G. S. Kulkarni and Aarti Sathe was hearing a writ petition filed by NBG International Private Limited challenging a seizure memo and a provisional release order issued by customs authorities in respect of imported roasted areca nuts. The petitioner had imported the goods under two Bills of Entry in January 2026, which were examined by FSSAI officers, tested by the National Food Laboratory, and certified as conforming to prescribed standards, pursuant to which No Objection Certificates were issued for clearance. Despite such certification, the customs authorities placed the consignments on hold, conducted a fresh examination, and sent samples for re-testing to the Central Revenue Control Laboratory (CRCL). The petitioner argued that the action of the authorities was arbitrary and contrary to the law.The Court examined the statutory framework and noted that FSSAI is a specialised authority entrusted with ensuring food safety and conducting laboratory analysis through notified laboratories. It observed that once FSSAI issues a No Objection Certificate based on test reports confirming compliance with standards, such findings cannot be lightly disregarded by customs authorities.“… once the FSSAI has cleared the imported goods as fit for human consumption, and also has specified the moisture content in the said test reports, then to question the wisdom of FSSAI, would not be an appropriate approach on the part of the Respondents, as the FSSAI itself being a statutory body is recognized under the Rules to certify the imports,” the Court observed.The Court found that the respondents had failed to provide any plausible explanation for re-testing the goods after FSSAI clearance. It held that in the absence of any material casting doubt on the credibility of FSSAI reports, the action of re-examination and re-testing was unjustified. The Court also noted that even the CRCL reports did not conclusively establish that the goods were unfit for human consumption, and minor defects in a small portion of agricultural produce could not determine the quality of the entire consignment.The Court observed that the tests conducted by the FSSAI are of a precise nature, and high standards of testing are ensured and made applicable before clearing the food suitable for human consumption. Hence, any window for reclassification of the categorised goods itself is not on a sound premise.Accordingly, the High Court quashed the seizure memo and the condition requiring a bank guarantee and undertaking, and directed the respondents to release the imported goods upon payment of the applicable duty. Case Title: NBG International Private Limited v. Union of India & Ors. [Writ Petition No. 3161 of 2026]Click Here To Read/Download Order

Customs Cannot Ignore FSSAI's Clearance & Re-Test Goods Without Justification: Bombay High Court Orders Release Of Seized Imports

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Customs Cannot Ignore FSSAI's Clearance & Re-Test Goods Without Justification: Bombay High Court Orders Release Of Seized Imports

Saksham Vaishya

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