2025 (1) TMI 964 - SCH - Customs

Authorities to decide within five weeks if exporter needs Narcotics Commissioner NOC and if product falls under Schedule-B (2013 Order)

The SC disposed the SLP and directed the concerned authorities to decide, within five weeks of receipt of the order, whether the applicant must obtain an ... Seeking declaration that the Petitioner is not required to obtain NOC from the Narcotics Commissioner (Respondent No. 2) for exporting its product, namely ADCOTE 545S containing Methyl Ethyl Ketone (MEK) - Whether ADCOTE 545S, which contains Methyl Ethyl Ketone (MEK), is covered under Schedule-B of the 2013 Order. - confiscation - penalty - it was held by High Court that 'This Petition is dismissed with the liberty to reply to the show cause notice and face the adjudication proceedings.' HELD THAT:- It is felt appropriate to direct the concerned authorities to decide the question(s) raised in the present matter within a period of five weeks from the date a copy of this order is received by them. SLP disposed off. The Supreme Court, comprising Hon'ble Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice K.V. Viswanathan, issued an order regarding a special leave petition. The Court directed the concerned authorities to resolve the questions raised in the matter within five weeks from receiving the order. The Court emphasized that authorities should refrain from taking 'coercive steps for detention and/or arrest' while adjudication is pending. The special leave petition was disposed of, granting respondents the liberty to file an application for recall of the order if necessary. Any pending applications were also disposed of.