The Kerala High Court has issued a significant directive to the Customs Department, emphasizing the need to dispose of seized buffalo meat consignments within one month, highlighting the perishability of the goods involved.
The matter was heard by Justice Ziyad Rahman A.A., who addressed multiple writ petitions, primarily filed by M/s Varsha Fresh Meat Products Pvt Ltd and others, regarding the seizure of buffalo meat intended for export. During examination, it was discovered that the consignor had misdeclared the contents, including items that are prohibited for export under Indian law.
Read Also:- Delhi High Court Sets Clear Rules for Sentence Review Board on Premature Release of Prisoners
Due to this misdeclaration, the consignments were seized by the Customs authorities and confiscation proceedings were initiated. The primary grievance of the petitioners was that the delay in completing the adjudication was resulting in unnecessary detention of export containers, which are essential for business operations.
"The delay in adjudication is not only affecting the business operations but also causing financial strain due to the prolonged detention of containers," the petitioner argued.
The customs department acknowledged that the adjudication had already begun and assured the court that it could be completed within a stipulated timeframe. It was further submitted that since the seized buffalo meat is a perishable commodity, its disposal must be carried out swiftly.
Read also:- Rajasthan High Court Reiterates Section 15 of Rent Control Act Is Directory, Not Mandatory
“As the articles under proceedings are perishable, they have to be disposed of expeditiously and this can also be done within a time frame,” submitted the Customs counsel.
Taking all submissions into account, the Court ruled that the adjudication process must be concluded by the customs officer within two months. Furthermore, the Court ordered that the disposal of the seized meat should be completed within one month from the date of receipt of the court’s judgment.
“The adjudication process shall be completed by following the statutory procedure, including hearing the affected parties, within two months… disposal of the articles shall be completed within one month,” the Court directed.
Read also:- Orissa High Court Upholds Divorce on Grounds of Mental Cruelty Over Wife’s Remarks on Husband’s Disability
The Court also ordered that upon the disposal of the goods, the export containers must be returned to the concerned party within ten days, ensuring minimal disruption to logistical operations.
The case highlights the importance of timely customs procedures when dealing with perishable items and underlines the court’s role in balancing enforcement of regulations with practical business concerns.
Case Title: M/s Varsha Fresh Meat Products Pvt Ltd v. The Commissioner of Customs (Preventive)
Case Number: WP(C) No. 19159 of 2025
Counsel for Petitioner: Alias M. Cherian, K.M. Raphy, Bristo S Pariyaram, Minnu Darwin, Reshma Rajesh
Counsel for Respondents: P.G. Jayashankar, P.R. Sreejith, Joy Thattil Ittoop
