Customs ordered to return goods

In a written ruling yesterday, Justice Frank Seepersad said the comptroller failed in his statutory duty to institute court proceedings within a reasonable time to determine whether the seized goods should be released .

“This failure now renders the continued detention of the claimant’s goods unlawful and unreasonable,” the judge said. Wholesale Liquidators and its director Ugrasen Rattan, challenged the decision of the comptroller to seize the consignment on March 8, 2016. Rattan, in his judicial review claim, said he paid all requisite taxes and fees on the shipment and on February 19, Customs officers entered Rattan’s warehouse at the Freezone Complex in D’Abadie and took various samples .

Rattan’s attorneys Jagdeo Singh and Kiel Tacklalsingh, argued that the comptroller failed to comply with Section 220 of the Customs Act, which provides for a magistrate to determine whether or not goods seized should be released .

They argued that these proceedings should have been instituted a month after the goods were seized .

In its defence, the Comptroller claimed there were issues relating to testing of the samples taken and this hampered the division’s ability to move forward with the case .

Justice Seepersad said, “The failure by the State to ensure there is a functioning testing facility and to effect testing does not and cannot justify the comptroller’s failure to comply with its statutory obligation for over 11 months.” “Citizens ought not to be deprived of their right to enjoy their property because of the State’s inability and unwillingness to ensure that systems which ought to be operational so as to enable and facilitate the discharge of statutory obligations are not,” he added .

Seepersad has given Customs and Excise seven days to release the goods to Rattan. Attorney Kendra Mark appeared for the State .