Mandatory import controls for cosmetics require a drug no objection certificate and approved entry points, or confiscation follows.

Cosmetics imported without the required no objection certificate from the Assistant Drug Controller and through a place of entry not approved under the Drugs and Cosmetics Rules, 1945 were treated as non-compliant with mandatory safety import controls. The rules on prior NOC approval and specified points of entry were held to be strict requirements, and breach of either condition rendered the goods liable to confiscation. On that basis, the confiscation was upheld and the challenge failed.

---

---

Issues: Whether cosmetics imported without the required no objection certificate and through a place of entry not approved under the Drugs and Cosmetics Rules, 1945 were liable to absolute confiscation.

Analysis: The goods were imported in breach of the requirement to obtain a no objection certificate from the Assistant Drug Controller under rule 133 of the Drugs and Cosmetics Rules, 1945, and the import through Goa was contrary to the specified points of entry under rule 43A of those Rules. The requirement is intended to ensure compliance with safety-related import controls, and such restrictions have to be strictly observed. Non-compliance rendered the goods liable to confiscation.

Conclusion: The confiscation was upheld and the challenge to the order failed.

---