Kerala High Court Directs Customs To Dispose Of Seized Buffalo Meat Consignments Within One Month Due To Perishability

The Bench of Justice Ziyad Rahman A.A was addressing the issue pertaining 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 a misdeclaration by the consignor, and it contained certain items which were prohibited from being exported.

Therefore, the respective consignments were seized by the Superintendent/Senior Intelligence Officer. Thereafter, confiscation proceedings were initiated.

The grievance of the assessee 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 assessee, the authorities ought to have disposed of the article expeditiously and released the containers to the assessee.

The department submitted that the adjudication process already initiated in respect of these cases can be completed within a time frame. It was 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.

In view of the above, the bench directed the competent officer of the Customs to complete the adjudication process 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.

Regarding the disposal of articles, the bench directed to complete the same be completed within a period of one month.

Case Title: M/s Varsha Fresh Meat Products Private Limited v. The Commissioner of Customs (Preventive)

Citation: 2025 LiveLaw (Ker) 337

Case Number: WP(C) NO. 19159 OF 2025

Counsel for Petitioner/ Assessee: Alias M. Cherian, K.M. Raphy, Bristo S Pariyaram, Minnu Darwin and Reshma Rajesh

Counsel for Respondent/ Department: P.G. Jayashankar, P.R. Sreejith and Joy Thattil Ittoop

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