Interim relief for controlled substances import turned on Schedule C coverage and the No Objection Certificate pre-condition.

Interim relief was considered unavailable where entitlement to import depended on a final determination whether the goods fell within Schedule C of the Narcotics Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013, including Methyl Ethyl Ketone preparations. The clause 11 requirement of a No Objection Certificate operated as a pre-condition for import of controlled substances in Schedule C, so the Court declined to direct issuance of such certificates at the interim stage. Relief seeking clarification that no No Objection Certificate was required for past imports was also found unsuitable for interim grant and was left for final adjudication.

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Issues: Whether interim relief could be granted in respect of the goods alleged to fall under Schedule C of the Narcotics Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 and consequently whether a No Objection Certificate could be directed at the interim stage.

Analysis: The challenge centered on whether the third category of goods was covered by Schedule C, including the item relating to Methyl Ethyl Ketone preparations. The order treated the requirement of a No Objection Certificate under clause 11 as a pre-condition for import of any controlled substance specified in Schedule C. Since the very entitlement to import depended on a final determination of that question, the Court held that interim relief affecting those goods could not be granted. The prayers seeking a clarification that no No Objection Certificate was required for past imports, or an interim direction to issue such certificates, were therefore found to be incapable of grant at that stage.

Conclusion: Interim relief was declined in relation to the goods said to fall under Schedule C and the No Objection Certificate issue was left for final adjudication.

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