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M. S. SONAK, JITENDRA JAIN
Dow Chemical International Pvt. Ltd. – Appellant
Versus
Commissioner of Customs NS-II Special Investigation and Intelligence Branch (X) – Respondent
JUDGMENT :
PC:-
1. On mentioning, this matter was taken up for consideration in the afternoon session on the production board.
2. Heard learned counsel for the parties.
3. This Petition was initially instituted to seek a 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) as according to the Petitioner, the same was not covered in Schedule-B of the Narcotics Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 (“2013 Order”). The consequential relief to quash the seizure memo was also applied for.
4. During the pendency of this Petition, the first Respondent issued the Petitioner a show cause notice dated 5 August 2024 requiring the Petitioner to show cause as to why its products should not be confiscated and the penalty be imposed. Accordingly, the Petitioner amended this Petition to challenge the show cause notice dated 5 August 2024.
5. Mr Amit Singh learned counsel for the Petitioner, submitted that in terms of Clause 10 of the 2013 Order, there is a bar on exporting any controlled substance in Schedule-B except
The classification of a product under controlled substances requires factual investigation, and the issuance of a show cause notice is valid unless a clear lack of jurisdiction is shown.
Psychotropic Substance - Quantity of codiene based syrup have illegally been stored in shop/godown - It is not permissible in law to quash notice/summon which has been issued to petitioners for purpo....
Section 42 of the Act empowers the Authority to enter any building, conduct search and seizure “if he has reason to believe from personal knowledge or information given by any person and taken down i....
The accused must satisfy the twin conditions under Entry 35 of the Notification and produce necessary evidence of engagement in therapeutic practice for medical or scientific purposes to overcome the....
Quashing of an FIR under Section 482 is permissible only in rare cases where no cognizable offence is disclosed, emphasizing strict adherence to procedural regulations in narcotic related cases.
The main legal point established in the judgment is the requirement to consider the weight of the entire substance, including neutral or mixed substances, when determining the quantity of illicit sub....
The prohibition of activities related to controlled substances without proper registration and the potential consequences of large quantities of controlled substances being illegally exported were ce....
In a classification dispute, the extended period of limitation cannot be invoked and the process of distillation does not amount to manufacture.
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