Import restriction on crude drugs used in ayurvedic and unani medicine extends to goods with multiple commercial uses.

Import of balsamodendron mukul (gugal) was treated as falling within Public Notice 117 dated 01.07.1993, which prohibited import without licence of crude drugs used in ayurvedic and unani medicaments unless included in the appended list. The notice was applied on the basis that the commodity was used in such medicaments, and the fact that it also had other commercial uses, such as in perfumes and agarbattis, did not remove it from the restriction because the notice did not require exclusive medicinal use. On that construction, confiscation and penalty were upheld and the appeal failed.

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Issues: Whether the imported balsamodendron mukul (gugal) was liable to confiscation and the importer liable to penalty on the basis that it was a crude drug used in ayurvedic and unani medicaments and covered by Public Notice 117 dated 01.07.1993.

Analysis: The import policy permitted import of goods unless restricted by the negative list or any other provision of the policy or other law in force. Public Notice 117 prohibited import without licence of any crude drug used in ayurvedic and unani medicine that was not included in the appended list. Gugal was not included in that list. The fact that the commodity also found use in perfumes and agarbattis did not take it outside the notice, because the notice was held applicable to a commodity finding use in the manufacture of ayurvedic and unani medicaments and was not confined to goods used exclusively for that purpose.

Conclusion: The import was covered by the public notice and the confiscation and penalty were upheld; the appeal failed.

Ratio Decidendi: Where a public notice restricts import of crude drugs used in ayurvedic and unani medicine, the restriction applies to a commodity that is so used even if it also has other commercial uses, unless the notice itself provides an exclusivity requirement.

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