Recently, the Supreme Court permitted the transportation of imported goods to a government-approved Gamma Irradiation facility under strict safeguards while hearing a dispute involving customs authorities. The Court clarified that the movement of goods for treatment would not amount to clearance under the Customs Act and that the goods would remain under customs control throughout the process.
A Bench comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe passed the order, while disposing of the Special Leave Petition. The Court recorded that on an earlier date it had requested the Union Government to explore a mechanism through which the contaminated goods could be shifted safely to a Gamma Irradiation facility without compromising public safety or customs powers. Additional Solicitor General S. Dwarkanath thereafter placed before the Court a detailed procedure and safeguards for such transportation and treatment.
As per the safeguards accepted by the Court, the entire process including transportation, handling, treatment, supervision, contamination prevention and statutory compliances would be carried out entirely at the importer’s “sole risk, responsibility and cost.” The Customs Department would not bear any financial, environmental or public health liability arising out of the exercise.
The Court further directed that before movement of the goods, customs officers and warehouse authorities must jointly verify the consignment and prepare a detailed panchnama recording the number of bags, total weight, visible fungal condition and sealing details along with photographs. It also ordered that transportation must be done only in fully closed, leak-proof and contamination-resistant containers under Customs escort and GPS-monitored security.
The Bench additionally directed that unloading, irradiation treatment and resealing at the facility must take place in the presence of customs officials under CCTV surveillance. After irradiation, fresh testing would be conducted by the competent laboratory to determine whether the goods complied with applicable standards. The Court clarified that gamma irradiation would not automatically entitle the importer to clearance of the goods and that any final release or confiscation would remain subject to adjudication proceedings and orders of competent authorities.
While affirming the Allahabad High Court’s decision regarding classification of the goods, the Supreme Court kept the larger question of law open for consideration in an appropriate case. The Court also specifically observed that the directions issued were confined to the peculiar facts of the matter and “shall not be treated as a precedent.”
The Court directed the authorities to complete the entire procedure within one month and disposed of the Special Leave Petition accordingly.
Case Title: Union of India & Ors. v. M/s Rawder Petroleum Pvt. Ltd.
Case No.: SLP (C) No. 22223/2025
Coram: Hon’ble Mr. Justice Pamidighantam Sri Narasimha and Hon’ble Mr. Justice Alok Aradhe
Advocate for the Appellant: Mr. S. Dwarkanath, ASG along with Mr. Gurmeet Singh Makker, AOR & Ors.
Advocate for the Respondent: Mr. Prakash Shah, Sr. Adv. along with Mr. Rajat Mittal, AOR & Ors.
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