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TMI Blog2013 (1) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... ed its re-export without considering the said representation. The adjudicating authority relied mainly on the letter dated 20.4.2012 sent by the Deputy Drugs Controller to the Customs authorities. That letter projected L Argenine as a product defined under Section 3 of the Drugs and Cosmetics Act, 1940 and also advised against release of the goods to the respondent. The adjudicating authority heavily relied on the contents of the letter. But no copy of the letter was supplied to the respondent. In other words, the principles of natural justice were violated by the adjudicating authority. Though, before the original authority, the respondent relied on case of Drugs Controller General & Anr. Vs. M/s. S.Kesarimal & Ors. [2013 (1) TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... importer could not obtain such NOC and hence submitted a representation dated 7.3.2012 to the Commissioner of Customs (Seaport Import) and the Assistant Commissioner of Customs (Group II), Customs House, Chennai seeking release of the goods in view of its limited shelf life and in the light of the Hon ble High Court s judgment dated 23.2.2012 in Writ Appeal No. 1559/2010 (Drugs Controller General Another Vs. M/s. S. Kesrimal Ors.), that they filed a Writ Petition No. 7443/2012 before the Hon ble High Court of Madras for a direction to the Department for extending the benefit of Rule 43 of the Drugs and Cosmetics Rules, 1945, that the Hon ble High Court directed the Commissioner of Customs to consider and pass orders on the said represen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Drugs Controller, Chennai in support of their application for NOC. This document clearly stated that M/s. Safetab Life Science, Puducherry had placed orders on the importer for buying L-Argenine for manufacture of the drug ALGICARE. Therefore, the appellant submits that the respondent was mis-declaring as not for medical use . The grievance of the appellant is that this aspect was not considered by the Commissioner (Appeals). 4. The learned Deputy Commissioner (AR) has reiterated the above submissions of the appellant. He particularly refers to the letter dated 20.4.2012 of the Deputy Drugs Controller, Chennai to the customs authorities against release of the goods to the respondents. 5. Per contra, it is the submission of the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and non-medicinal. The purchase orders placed on the respondent by M/s. Safetab Life Science, Puducherry has been cancelled and the goods will be used for non-medicinal purpose after its clearance. In such circumstances, the goods is liable to be accepted as Schedule D item and allowed to be cleared without production of NOC from the Drugs Control authorities. The declaration not for medical use in the Bill of Entry would per se satisfy the requirements of Rule 43 of the Drugs and Cosmetics Rules, 1945. 6. After giving careful consideration to the submissions, I am inclined to remand the case to the original authority for the following reasons:- (a) Though the Hon ble High Court by order dated 18.4.2012 in W.P. No. 7443/2012 filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be labeled as not for medicinal use and to be used for manufacture of health supplement ingredient only . Obviously, the above letter was not placed before the Original authority and hence could not be considered. 7. For all the reasons stated above, I set aside the impugned order and allow this appeal by way of remand to the original authority for fresh adjudication of the goods after giving the party a reasonable opportunity of adducing evidence and of being personally heard. Considering the nature of the goods, which is said to have short shelf life, the adjudicating authority shall pass a speaking order within thirty days from the date of receipt of a certified copy of this order. (Operative portion of the order was pronou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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