Open General Licence interpretation for DL-Methionine imports: no extra conditions could be read into the licence, and confiscation failed.

DL-Methionine imports were treated as covered by the Open General Licence because the licence text did not require the importer to be a drug manufacturer, and customs could not add conditions not found in the licence. The goods were also used in manufacturing poultry feed for export, with the Chief Controller of Imports and Exports' recommendation supporting compliance. On that basis, confiscation of the consignments was found unsustainable, and the fines paid were directed to be refunded.

---

---

Issues: Whether the import of DL-Methionine was covered by the Open General Licence and whether the confiscation of the consignments and levy of fines were sustainable.

Analysis: The Open General Licence was held not to contain any requirement that the importer must itself be a manufacturer of drugs. The licence was to be construed according to its plain wording, and the customs authorities could not read additional conditions into it. The imported goods were found to have been used in the manufacture of poultry feed for export, and the recommendations of the Chief Controller of Imports and Exports were treated as supporting compliance. In these circumstances, the confiscation orders were found to be unsustainable.

Conclusion: The imports were held to be covered by the Open General Licence, the confiscation orders were set aside, and the fines paid were directed to be refunded.

---