Port restriction and drugs compliance: confiscation, redemption fine, and penalty were set aside on the facts.

Imported deodorant was held not liable to confiscation where the goods had been examined, the competent drugs authority issued a no objection certificate, and the importer was registered under the Drugs and Cosmetics Act. The appellate forum accepted that there was no deliberate breach of the port restriction and that the consignment had in fact moved through a notified customs jurisdiction. On those facts, the administrative port condition did not justify adverse action, and the confiscation, redemption fine, and penalty were set aside.

---

---

Issues: Whether confiscation of imported deodorant, with redemption fine and penalty, was justified for alleged import through a non-notified port in violation of the Drugs and Cosmetics Rules.

Analysis: The goods were examined, the competent drugs regulatory authority issued a no objection certificate, and the importer was registered under the Drugs and Cosmetics Act. The appellate forum accepted that there was no deliberate breach of the port restriction, that the consignment had in fact moved through a notified customs jurisdiction, and that the administrative port condition did not warrant adverse action in the facts of the case.

Conclusion: The confiscation, redemption fine, and penalty were unsustainable and were set aside in favour of the importer.

---