1991 (6) TMI 75 - HC - Customs

Imported Cloves Classified as Spices, Not Drugs: Compliance with Licensing Regulations Critical

The court ruled in favor of the respondents, determining that imported cloves should be classified as spices rather than drugs. It was emphasized that ... Import Issues:1. Interpretation of import policy regarding classification of imported cloves as drugs or spices.2. Validity of import license for cloves under the Import & Export Policy.3. Requirement of a specific license for the import of spices, specifically cloves.Analysis:1. The primary issue in this case revolves around the classification of imported cloves as either drugs or spices under the Import & Export Policy. The petitioner argued that cloves should be considered as drugs based on various references, including certificates from Italab Private Ltd., pharmacopoeias, and dictionaries. However, the respondents contended that cloves are commonly known as spices in the market and should not be classified as drugs or drug intermediates. The court agreed with the respondents, emphasizing that the market perception of cloves as spices prevails over their potential medicinal uses. Therefore, the court concluded that cloves fall under the category of spices rather than drugs.2. Another crucial aspect of the judgment pertains to the validity of the import license held by the petitioner for importing cloves. The respondents highlighted that under Chapter XIII of the Import & Export Policy, importers are required to obtain a specific license for importing spices, including cloves. It was argued that the petitioner did not possess the necessary specific license for importing cloves, rendering the import under the additional REP license invalid. The court concurred with the respondents, emphasizing the importance of complying with the specific licensing requirements outlined in the policy. As the petitioner failed to secure the mandated specific license for importing cloves, the court deemed the import under the REP license as impermissible.3. The issue of the necessity of a specific license for importing spices, particularly cloves, was further elucidated in the judgment. Paragraph 167 of Chapter XIII stipulates the requirement for importers to hold a specific license for importing cloves, based on past import data. The respondents pointed out that despite public notices emphasizing the need for specific licenses for importing cloves, some importers managed to clear their shipments without the requisite license. The court underscored the significance of adhering to the specific licensing regulations, noting that previous clearances without the mandated license did not confer a right to future imports without compliance. Consequently, the court upheld the requirement of a specific license for importing cloves, as outlined in the Import & Export Policy.In conclusion, the court dismissed the petitioner's claims, ruling in favor of the respondents based on the classification of cloves as spices, the absence of a specific license for importing cloves, and the necessity of complying with the specific licensing regulations under the Import & Export Policy. The judgment underscores the importance of adhering to the prescribed import regulations and licensing requirements to ensure lawful import activities.