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Gujarat HC: Cloud Point Alone Cannot Justify Seizure of Distillate Marine Fuel

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Summary

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  • The Gujarat High Court has quashed the seizure of Distillate Marine Fuel imported by Aparajita Energy Private Limited, ruling that the Cloud Point alone cannot justify the cargo's seizure.
  • The court found that while one test indicated non-compliance with the Cloud Point parameter, other tests showed compliance with required standards for Distillate Oil.
  • Relying on the Supreme Court's "most akin" test from Gastrade International, the court determined that ambiguity in lab results did not support the seizure.
  • This ruling could set a precedent for similar cases involving customs seizures based on ambiguous testing parameters.

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