TMI BlogDisposal of seized/confiscated cigarettes of foreign origin vis-à-vis provisions of the Cigarettes and other Tobacco products (Packaging and Labelling) Rules, 2008X X X X Extracts X X X X X X X X Extracts X X X X ..... l Commissioners/Commissioners of Customs / Customs (Prev). All Principal Commissioners/Commissioners of Customs (Appeals). All Principal Commissioners/Commissioners of Customs Central Excise. All Principal Commissioners/Commissioners of Customs Central Excise. (Appeals). Webmaster, CBEC. Subject: Disposal of seized/confiscated cigarettes of foreign origin vis- -vis provisions of the Cigarettes and other Tobacco products (Packaging and Labelling) Rules, 2008. Madam/Sir, I am directed to refer to Board s instructions of even no. dated 10.02.2010 on the above mentioned subject. The matter of disposal of seized/confiscated cigarettes has been examined by the Board afresh in view of the suggestions that there are diff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c. In terms of the said Act and Rules it is illegal to manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless the package is in such standard quantities or number and bears thereon such declarations and particulars in such a manner as prescribed. 4. Rule 11(1) of the IPR (Imported Goods) Enforcement Rules , 2007 , provides that where it is found that the goods detained or seized have infringed intellectual property rights, and have been confiscated under section 111 (d) of Customs Act, 1962 and no legal proceedings are pending in relation to such determination, the Deputy/Assistant Commissioner of Customs, as the case may be, shall destroy the goods under official ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the provisions of laws as discussed above should not be released for home consumption in the domestic market and should be destroyed. Such destruction shall be carried out in compliance of pollution control laws that are in force in consultation with the respective State Pollution Control Boards. 7. Every seizure must be investigated with regard to counterfeiting and where found to be illicitly manufactured; they must be destroyed in terms Rule 11 of Intellectual Property Rights Rules 2007 (IPR Rules), which is the responsibility of the Right Holder. In cases where such counterfeit goods are restricted, the customs law does not permit their release into the market for consumption. 8. The Chief Commissioners/Directors General are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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