Summary
- The Madras High Court has ruled that the India-Nepal transit treaty cannot override the Customs Act, 1962, or security-based import restrictions on goods from Pakistan.
- This decision came during a writ appeal by the Union of India against a prior order allowing the release of detained consignments meant for transit through India.
- The Court emphasized that goods in transit are considered imports and subject to prohibitions under national security laws, rejecting claims that international treaties take precedence.
- The ruling reinforces strict adherence to domestic law regarding imports and transhipments, leaving unresolved factual disputes over the country of origin for further examination under the Customs Act.
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