Drug import through a non-specified port is not illegal where a valid NOC from the competent authority is obtained.

Where an importer obtained a No Objection Certificate from the competent drug authority under the applicable customs and drug-control instructions, import of drugs could not be treated as illegal merely because the consignment was routed through a non-specified port. The goods were accompanied by the NOC, the sample matched the declaration, and the NOC was issued for release of the goods. On that basis, confiscation of the goods and the penalty were held unsustainable.

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Issues: Whether import of drugs through a non-specified port could be treated as illegal and goods confiscated, where the importer had obtained a No Objection Certificate from the Assistant Drug Controller in terms of the relevant instructions and circulars.

Analysis: The Board's instructions required the import of drugs to be governed by the stated customs instructions, and the later communication of the Drugs Controller General of India permitted clearances for imported drug consignments on the basis of an NOC issued by the Assistant Drug Controller. The imported goods were accompanied by such NOC, the sample was found to be in conformity with the declaration, and the NOC was issued for release of the goods. In these circumstances, the import could not be treated as contrary to customs law merely because it was routed through ICD Loni.

Conclusion: The confiscation of the goods and the penalty were not sustainable, and the appeals succeeded.

Ratio Decidendi: Where the importer obtains an NOC from the competent drug authority in accordance with the applicable customs and drug-control instructions, import of drugs cannot be held illegal and confiscation on the ground of routing through a non-specified port is unjustified.

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