Eventually, on 11.12.2013 the Commissioner of Customs Import informed the office of the Narcotics Commissioner, Gwalior that the goods have been lodged in the customs bonded warehouse pending clearance from the Central Bureau of Narcotics.
The ship arrived at Nhava Sheva Port, Thane, Navi Mumbai on 12.08.2013.
Under the provisions of the Narcotic Drugs and Psychotropic Substances Regulation of Controlled Substances Order, 2013 hereinafter referred to as the Regulations the petitioners had submitted an application in form K for grant of No Objection Certificate NoC for import of 79.2 metric tonnes of MEK.
900 of 2014 before the Bombay High Court out of which the present special leave petition has arisen.
It is, inter alia, engaged in the business of manufacture of companying and marking machines and companysumables like inks and solvents for inkjet printing machines.
Amongst others, Methyl Ethyl Ketone MEK is one of the raw materials used by the first petitioner in its manufacturing process.
Hence No Objection Certificate for import of 79.20 MT Methyl Ethyl Ketone from Taiwan against your letter dated 18/10/2013, received in this office on 30/10/2013 cannot be issued as the said material was already imported into India by your firm on 12/08/2013.
Thereafter, on 29.11.2013 the Central Bureau of Narcotics informed the petitioners that the matter has been taken up with the Commissioner of Customs Import , Nhava Sheva to ascertain the status of the material.
At the request of the petitioners the Customs authorities permitted lodgment of the goods in the customs bonded warehouse.
By a letter dated 23.8.2013 of the Central Bureau of Narcotics issued to the petitioners dispatched on 26.9.2013 according to the petitioners further information clarification from the petitioners was sought in the matter for grant of NoC. According to the petitioners, it received the said letter on 08.10.2013 and by reply dated 18.10.2013 the requisite information was supplied alongwith the further information that the goods had been shipped on 27.07.2013 and had landed at the Jawaharlal Nehru Port Trust Nhava Sheva Port, Thane, Navi Mumbai on 12.08.2013 and were awaiting for customs clearance purposes.
While the writ petition remained pending a letter dated 14.03.2014 from the Central Bureau of Narcotics was received by the petitioner companymunicating the following decision In this companytext, it is to inform you that you have imported 79.20 MT Methyl Ethyl Ketone into India without a No Objection Certificate from the Narcotics Commissioner.
The said application dated 27.7.2013 was submitted to the Narcotics Commissioner, Gwalior on 07.08.2013.
On 17.01.2014 the goods were seized at the instance of the Narcotics Commissioner apparently on the ground that the same have been imported without proper NoC and a FIR was also lodged.
The goods i.e. MEK in 480 drums were dispatched from Taiwan on 27.07.2013 by vessel Zimdjibouti with the port of destination shown as Nhava Sheva Port India.
