Bombay High Court Upholds Importers Right to Re-Testing of Seized Goods

Bombay High Court

Date: 04.10.2025

In a significant ruling by the Bombay High Court, the case of Appellant vs. Union of India & Others sheds light on the importance of trade facilitation measures and the Government of India’s commitment to the β€˜Ease of Doing Business’ policy. This judgment, addresses the contentious issue of re-testing seized goods and the procedural hurdles faced by importers.

The petitioner, Appellant, a business proprietor, sought relief against the refusal by Customs Authorities to re-test seized cashew nuts. ​ The goods were initially tested in a Maharashtra laboratory, yielding favorable results. However, subsequent samples were sent to a Kerala laboratory, which reported adverse findings. ​ The petitioner argued that the refusal to re-test the goods in Maharashtra was unreasonable and contrary to the guidelines outlined in Public Notice No. 97 of 2017.

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