An end to the ordeal of drug manufacturers especially in North India due to the ban on drug imports through inland container depots of Delhi seems still distant, even though the CDSCO decided to resume its services of clearance of drugs from Thuglakabad and Patparganj ICDs (Inland Container Depots).
Four months after the suspension of imports and following intensified pressure from the pharma bodies, the Drugs Controller General (India) has written to the Central Board of Excise and Customs (CBEC) expressing its willingness to resume its services to the Additional Commissioner Customs, ICD to issue NoC to importers.
However, Finance Ministry officials say the letter of DCGI was not enough to re-notify the ports of entry incorporating the two ICDs. CBEC officials told industry delegation that the letter was `vague' and the CDSCO was supposed to take steps further by amending the required provisions as the ban on import of drugs was placed on the advice of the DCGI.
It may be recalled that the clearance of drugs imported through the ICDs were suspended by the CBEC from January 22, on the advise of the DCGI to the Customs Department following some complaint about clearance of drugs through unauthorized ports. And the CBEC issued the notification under the Rule 43A of the Drugs and Cosmetics Act, excluding the ICDs of Delhi, Hyderabad and Ahmedabad from the list of ports of entry for drugs and thus causing serious inconvenience to the drug manufacturers.
The DCGI re examined the matter following the objections by the Homoeopathic Pharmaceutical Association of India and a letter from the Additional Commissioner in this regard. DCGI thus decided to continue with the services by issuing NoCs for drug importers at Tuglakabad and Patparganj ICDs, its letter said.
"The CDSCO was responsible for monitoring the quality of drugs imported into the country and officers of CDSCO were posted at Custom houses to advice the commissioner on all matters relating to the import and export of drugs. The Custom Department seeks NoC on the bill of entries as well as shipping bills before drugs are released into the market. In case of ICDs in Delhi, the clearance was issued from Cargo, Indira Gandhi Airport", the letter said.
"A couple of months ago, the office of DCGI received a complaint stating that the drugs are being cleared in authorized ports and based on this complaint a letter was sent to the Customs Department. Subsequent to this, it is now informed by the Homoeopathic Pharmaceutical Association of India that import of drugs are not permitted by the Customs at the ICDs of Delhi," the letter explained on its decision to continue services.
The letter offered to request the CBEC to examine the issue and inform the ICDS before issuing notification under Rule 43A. These ICDs will be then notified as ports of entry for drugs and attached to the nearest office of the CDSCO, as the volumes of imports and exports of drugs on such ports do not warrant having a full fledged office, the DCGI said.
On the issue of levying fines by the Customs on the import of drugs and cosmetics trough ICDs, the DCGI however expressed its inability to intervene as the matter did not pertain to them.