9911796707
|
Home
Issues:
Interpretation of whether imported items qualify as intravenous cannulae for long-term use under Notification 208/81 and Open General Licence (OGL). Detailed Analysis: The appeal challenged the Order of the Addl. Collector of Customs, who deemed the imported I.V. Infusion Sets not covered by the OGL and Notification 208/81, asserting they were ordinary infusion sets, not intravenous cannulae for long-term use. The appellants argued citing the Trio Marketing Pvt. Ltd. case from Calcutta High Court and the Equipment Sales Corporation case from the Tribunal, where it was established that the items imported could be considered as intravenous cannulae for long-term use based on technical literature, expert opinions, and certifications from medical professionals. During the hearing, the Department's representative acknowledged that the judgments from the Calcutta High Court and the Tribunal favored the appellants. The Tribunal considered expert opinions from Dr. N.S. Savant of Tata Memorial Hospital, who confirmed the imported items' design and usage for long-term intravenous drug administration. The Directorate General of Health Services also clarified the nature of infusion sets as per Notification 208/81, supporting the appellants' position. The Department failed to provide any evidence to counter these expert opinions. The Tribunal highlighted the definition of 'long-term' as 'prolonged' as per the Calcutta High Court's judgment in the Trio Marketing Pvt. Ltd. case. It also referenced medical definitions of 'cannulae' as narrow tubes for introducing substances into the body, emphasizing the importance of understanding the product based on expert knowledge, as established in previous legal precedents. Referring to earlier Supreme Court decisions, the Tribunal emphasized that the interpretation of a product should align with how experts in the field understand it. Considering the unchallenged expert opinions and evidence presented, the Tribunal concluded that the imported items qualified as intravenous cannulae for long-term use under Notification 208/81, overturning the Addl. Collector's order and allowing the appeal. This comprehensive analysis of the judgment showcases the legal arguments, expert opinions, and precedents considered by the Tribunal in determining the eligibility of the imported items as intravenous cannulae for long-term use under relevant regulations.
|
