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2013 (1) TMI 204 - CESTAT CHENNAIImport of L-Argenine not for medical use - confiscation of consignment with an option for redemption against payment of a fine of Rs. One lakh and also ordered for re-export of the goods within 30 days and also imposed a penalty of Rs.50,000/- - NOC from the Drugs Control authorities required for release - Held that:- Remand the case to the original authority as though the Hon'ble High Court by order dated 18.4.2012 in W.P.filed by the respondent directed that their representation dated 7.3.2012 be considered and disposed of on or before 25.4.2012, the Addl. Commissioner of Customs ordered confiscation of the goods and directed its re-export without considering the said representation. The adjudicating authority relied mainly on the letter dated 20.4.2012 sent by the Deputy Drugs Controller to the Customs authorities. That letter projected L Argenine as a product defined under Section 3 of the Drugs and Cosmetics Act, 1940 and also advised against release of the goods to the respondent. The adjudicating authority heavily relied on the contents of the letter. But no copy of the letter was supplied to the respondent. In other words, the principles of natural justice were violated by the adjudicating authority. Though, before the original authority, the respondent relied on case of Drugs Controller General & Anr. Vs. M/s. S.Kesarimal & Ors. [2013 (1) TMI 119 - MADRAS HIGH COURT] the judgment was not considered. Letter dated 16.3.2012 of the Deputy Drugs Controller addressed to M/s. K.P. Manish Global Ingredient (P) Ltd. Chennai indicating that NOC was given to the said company to import 2000 kilograms of L Argenine from China for the purpose of sale to actual user for manufacture of health supplement ingredient was not placed before the Original authority and hence could not be considered - Thus set aside the impugned order and allow this appeal by way of remand to the original authority for fresh adjudication giving the party a reasonable opportunity of adducing evidence and of being personally heard.
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