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TMI Blog2008 (4) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... . [Order]. - The applicant filed this application for rectification of mistake in Final Order No.151-157/08 dated 29.11.07 [2008] (226) E.L.T. 624 (Tribunal)] passed by the Tribunal. The relevant portion of the order of the Tribunal is reproduced below:- "After hearing both the sides and on perusal of the records, it is seen that Rule 43-A of Drugs and Cosmetics Rules, 1945 provides that no drug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oller (ADC) is examining the consignment and send the samples for testing to the laboratory, if necessary. He further submits that it is mandatory for the customs authorities to verify the test certificate of the ADC. I find that the part IV of Drugs and Cosmetics Rules, 1945 provides the various rules to regulate clearance of imported homeopathic medicine. Hence, clearance of imported medicine ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh Nhava Sheva port, which satisfies the condition of Rule 43A of Drugs and Cosmetics Rules, 1945. He further submits that the Tribunal had erroneously proceeded on the basis that the bill of entry was filed at CAF, Patpargang. He further submits that the Tribunal, while passing the order, had not taken into consideration their written submission which occurred a mistake in the Final Order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Tribunal while passing final order failed to consider that the applicant imported goods through Nhava Sheva port as mentioned in the bill of lading which fulfills the condition of Rule 43A of the said Rules and filed bill of entry at CAF, Patpargang. According to the applicant the importation of goods through Nhava Sheva is sufficient for compliance of Rule 43A of the said Rules and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an obvious and patent mistake and not something which has to be established by long drawn process of reasoning or where two opinions are possible. In the present case, the Tribunal observed that the clearance of goods by way of filing of Bill of Entry at CAF Patpargang is not mentioned under Rule 43A of the said Rules. The Tribunal has not accepted the submission of the learned Representative tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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