2010 (12) TMI 128 - HC - Customs

Citric acid monohydrate medicinal or non medicinal use - It is stated that in an order dated 30th July 2010 followed by the observation dated 2nd August 2010, the Customs Department noted that the term BP-93 suffixed after Citric Acid Monohydrate indicated that the goods were of pharma grade and could be released only upon a no objection certification (NOC) from the Assistant Drugs Controller - it would be open to the Respondents to undertake surprise checks at the premises of the purchasers as disclosed by the Petitioner and further proceed in accordance with law, if it is found that the imported CAM purchased from the Petitioner by such retailers is in turn sold to others who use it for medicinal purposes - The bond and bank guarantee furnished by the Petitioner, as recorded in this Courts order dated 23rd November 2010, are hereby discharged - The writ petition is allowed

Summary

Issues:
Release of detained goods, Import of citric acid monohydrate (CAM) for non-medicinal use, Requirement of NOC from Assistant Drugs Controller, Application of Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1949, Alleged accumulation of demurrage charges, Compliance with court orders, Interpretation of suffix "BP" in goods description, Certification by importer for non-medicinal use, Enforcement of law by Respondents.

Analysis:

1. Release of Detained Goods:
The Petitioner sought the release of goods imported by them, claiming that the goods were illegally detained by the Respondents. The goods in question were 96 MT of CAM imported from a Chinese supplier. The Customs Department insisted on a No Objection Certification (NOC) from the Assistant Drugs Controller due to the goods being described as "Citric Acid Monohydrate BP 93," indicating pharma-grade quality.

2. Import of CAM for Non-Medicinal Use:
The Petitioner, a partnership firm, imported CAM for non-medicinal purposes, primarily for industrial uses such as cleaning industrial vessels and dissolving rust. They argued that as long as they certify the non-medicinal use of the imported CAM, they are exempt from obtaining a license under Rule 43 and Schedule D of the Drugs and Cosmetics Rules, 1949.

3. Requirement of NOC from Assistant Drugs Controller:
The Customs Department required an NOC from the Assistant Drugs Controller for the release of goods due to the pharma-grade indication in the goods description. The Petitioner provided certifications and representations to establish the non-medicinal use of the imported CAM, but faced rejections from Respondent No. 2.

4. Compliance with Court Orders:
The Court directed the Petitioner to provide a list of purchasers who would use the imported goods and allowed the clearance of goods under certain conditions. The Petitioner complied by furnishing a bank guarantee and a bond, as required by the Customs Department.

5. Interpretation of Suffix "BP" in Goods Description:
The suffix "BP" in the goods description was a point of contention, with the Respondents arguing that it indicated pharma-grade quality. However, the Petitioner argued that "BP" only signifies the quality or grade of the goods, and they were willing to provide an affidavit ensuring non-medicinal use of the imported CAM.

6. Enforcement of Law by Respondents:
The Court emphasized that it is the responsibility of the Respondents to enforce the law to prevent any violation regarding the use of imported goods for medicinal purposes. The Petitioner's certification for non-medicinal use should be determinative of compliance with Rule 43 of the Drugs and Cosmetics Rules.

In conclusion, the Court set aside previous orders requiring an NOC from the Assistant Drugs Controller and directed the Respondents to permit the Petitioner to remove the goods upon furnishing an affidavit ensuring non-medicinal use and providing a list of purchasers. The Court highlighted the importance of the importer's certification for determining compliance with the relevant rules and regulations.