Mumbai, June 18: The Special Investigation and Intelligence Branch (SIIB) of the Airport Special Cargo unit of Mumbai Customs has arrested two persons, including the director of a pharma company, for allegedly attempting to export a controlled substance without prior NOC from the Narcotics Commissioner of the Central Bureau of Narcotics.
According to Customs, an export consignment dated June 1, filed by a firm on behalf of a Navi Mumbai-based pharma company, was suspected to contain controlled substances and was destined for the Czech Republic.
On June 17, the export consignment was examined and, during the examination, it was found to contain a white-coloured powder substance weighing 3.05 grams, which was confirmed to be the same as declared in the shipping bill.
Substance identified as Phenylacetic Acid
Further scrutiny revealed that the substance corresponded to Phenylacetic Acid and its salt, which are listed in Schedule B of the NDPS (Regulation of Controlled Substances) Order, 2013, issued under Section 9A of the NDPS Act, and require prior NOC from the Narcotics Commissioner of the Central Bureau of Narcotics for export.
The exporter failed to produce any such NOC or authorisation from the competent authority at the time of examination. Therefore, the goods were seized under a reasonable belief that they were controlled substances under the NDPS Act and were being attempted to be exported in contravention of the provisions of the Act.
Two arrested in the case
"Statement of the pharma company's director was recorded wherein he admitted that he is the director and responsible for export operations of the pharma company and no NOC was obtained from the Narcotics Commissioner. Due diligence regarding export control laws was not exercised. Statement of the director of the customs broker firm was also recorded, who confirmed filing of the shipping bill and lack of awareness regarding the controlled nature of the substance at the time of filing," said a Customs officer.
"The investigation has revealed that the accused pharma company director attempted the export of a controlled substance without obtaining mandatory permission (NOC) from the competent authority and the accused customs broker abetted and facilitated the export of the said substance without obtaining mandatory permission (NOC) from the competent authority. The role of other persons involved in the supply chain, including the supplier and logistics intermediaries, is under investigation," the officer said.
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"My client is a Customs broker. He submitted the documents as per the instructions of the exporter. He had no knowledge that the item contained an NDPS substance. My client is innocent and has not done anything," said advocate Ravi Hirani.
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