A thorough review of the antiquated laws which govern the Customs Act, with regard to the seizure of goods, is needed, High Court judge Devindra Rampersad said on Friday.
In a 33-page ruling in favour of Tamash Enterprises Ltd, Rampersad ruled that two shipments of alcohol which were seized by Customs on March 21, 2005, be returned to the business.
Rampersad then adjourned the matter to November 17, when he will assess damages.
Attorney Kelvin Ramkissoon represented Indar Rambarransingh, who is the managing director of the business, while Dexter Byam appeared for the Comptroller of Customs and Excise.
Rampersad said the Customs Act should be reviewed in keeping with the modern needs of the market. ’It is my respectful view that a comprehensive rethink is in order.’
He said the detention of the alcohol was ’unreasonable’ in the ’unfortunate’ circumstances of this applicant’.
The court heard that on March 3, 2005, Rambarransingh, an importer and distributor of security products and alcoholic and non-alcoholic products, placed two separate orders for consignments of liquor and non-alcoholic wines from his US-based supplier.
The smaller consignment was to be shipped first, but an error saw the larger shipment arriving first. The result was that Rambarransingh declared to Customs that he had imported the smaller consignment, when it was the larger consignment which arrived first.
On March 21, 2005, the goods comprising the larger consignment were seized.