The Bombay High Court has sharply criticised Customs authorities for resisting a business-friendly policy that allows importers to seek retesting of goods, directing officials to draw fresh samples of cashew consignments seized from a Navi Mumbai trader and send them for independent analysis.
A division bench of Justice M.S. Sonak and Justice Advait M. Sethna, in its order made available on Monday, said the refusal of Customs to permit retesting was “not quite consistent with the spirit of the guidelines” issued in a July 2017 public notice that treated retesting as a trade facilitation measure.
The case relates to 24-year-old Vyom Raichanna, proprietor of Trinity Agro Products, Vashi, whose consignments of cashews were seized in March and April 2025. A Kerala-based laboratory had declared the goods unfit, but Raichanna contested the results, pointing out that earlier batches tested in Maharashtra laboratories were cleared for consumption. He relied on the 2017 government circular that expressly permits importers to request retesting of samples.
Customs authorities rejected his request, arguing that it was belated and that only remnants of earlier samples could be retested.
Court’s Observations
The bench expressed surprise at the officials’ approach, observing:
“We wonder at the resistance which the Customs Authorities are offering to the re-testing of this product. Such resistance is not quite consistent with the spirit of the guidelines contained in the public notice dated 28 July 2017.”
The judges further linked the issue to the government’s flagship policies, remarking:
“The Government of India is taking several measures for Ease of Doing Business… However, when it comes to implementation, stiff resistance is offered by officials who are otherwise duty-bound to promote it.”
The court ordered that fresh samples be drawn in Raichanna’s presence within five days and sent to the Central Revenues Control Laboratory (CRCL), New Delhi, for independent testing. The lab has been directed to submit its report within a month.
Additionally, Raichanna has been allowed to seek provisional release of his goods once legal conditions are satisfied.
