Glamstone Cosmetics Pvt. Ltd.'s plea for re-export of seized goods denied due to lack of mandatory CDSCO registration.
In a significant judgment, the Bombay High Court has upheld the seizure of cosmetic goods imported by Glamstone Cosmetics Pvt. Ltd. without the necessary registration from the Central Drugs Standard Control Organization (CDSCO). The Court ruled that the import of such goods without the mandatory registration certificate renders them "prohibited" under the Customs Act, 1962, and the Drugs and Cosmetics Act, 1940.
The case involved three consignments of cosmetics and Fast Moving Consumer Goods (FMCG) imported by Glamstone from the UAE in November 2025. These were warehoused in India with the intention of re-exporting due to lower warehousing costs in India. However, the Directorate of Revenue Intelligence (DRI) seized the goods on grounds of non-compliance with import regulations, specifically the absence of a CDSCO license.
Glamstone argued that the goods were not intended for home consumption and that the import was for re-export purposes. The company had applied for a CDSCO license in May 2025, but it had not been granted by the time of import. The petitioner contended that the warehousing of goods was a legitimate business practice and sought permission for re-export to avoid detention and demurrage charges.
The High Court, however, found that the import of cosmetics without a CDSCO registration certificate violated Section 10 of the Drugs and Cosmetics Act and the Cosmetics Rules, 2020. The Court noted that the goods were brought into the territorial waters of India, making them subject to import regulations. As the goods were "prohibited" under Section 2(33) of the Customs Act, the seizure was justified under Section 111(d) of the same Act.
The judgment emphasized that the import of goods into India, even if intended for re-export, requires compliance with existing legal frameworks, including mandatory licensing. The Court dismissed the petition, stating that allowing such imports without proper registration could undermine public health and regulatory standards.
The decision reinforces the stringent enforcement of import regulations, particularly concerning products intended for human use, to prevent the entry of sub-standard and potentially harmful goods into the country.
Bottom Line:
Import of cosmetics without obtaining the required registration certificate from Central Drugs Standard Control Organization (CDSCO) renders the goods "prohibited" under Customs Act and Drugs and Cosmetics Act, and liable for confiscation under Section 111 of the Customs Act.
Statutory provision(s): Customs Act, 1962 Section 111(d), 69; Drugs and Cosmetics Act, 1940 Section 10; Cosmetics Rules, 2020 Rule 12
Glamstone Cosmetics Pvt. Ltd. v. Union of India, (Bombay)(DB) : Law Finder Doc id # 2863860
