COMMISSIONER OF CUSTOMS Vs. GLOBE TROTTERS PVT. LTD.

JUDGEMENT

(1.) HEARD both sides in respect of MA and Appeal filed by the applicant/appellant Commissioner and the Appeal filed by the appellant importer.

(2.) IN the Miscellaneous Application, it has been stated by the applicant Commissioner that the submission made by the appellant importers before the Tribunal regarding non -drawal of samples by Customs officials, is not true and factually correct and that the appellant importers have misled the Hon'ble CESTAT to get a favourable Stay Order. He further states that the samples were drawn in presence of the authorised CHA of the appellants and forwarded to the Assistant Drug Controller, which was duly acknowledged by him. He has also stated that in respect of importation of drugs it is a mandatory and statutory obligation on the part of Customs Authorities to ascertain as to whether the drugs under import comply with the standards laid down in the provisions of Drugs and Cosmetics Act, 1940. No clearance is allowed until and unless that procedure is followed. In the instant case, medicines were Life Saving Drugs, as submitted by the party and utilization of such medicines without getting N.O.C. from the competent authority about its compliance with the standards laid down by the Government of India is a highly irresponsible and illegal act on the part of the importer. Besides, it has been stated on behalf of the department that in terms of the Condition No. 2 of the bond executed by the appellant importer, it was categorically undertaken by them not to dispose off the consignment till receipt of the N.O.C. from the Drugs Control Authorities. Hence, the applicant Commissioner has prayed for vacation of the stay granted. However, since both the appeals filed by the appellant importer and the appellant Commissioner are being taken up for hearing together and they are being disposed off by this common Order, we are of the view that no separate Order on the MA for vacation of the stay is warranted at this stage.

(3.) THE appellant importer is in appeal against the penalty of Rs. 5.00 lakhs (Rupees five lakhs) imposed on them under the impugned Order. The department is in appeal, as the Committee of Chief Commissioners has come to the conclusion that the Adjudicating Commissioner is not correct in not confiscating the impugned goods and not imposing the redemption fine.