M/S Marvelous Creations v. Deputy Commissioner of Customs

M/S Marvelous Creations (Marvelous) seeks release of a consignment containing such items as hookah flavorings, e-sheesha pens and e-liquid.  The government retained these items because of Marvelous' failure to follow the procedures set out in the November 27, 2018 Drugs Controller General order calling for enforcement of an e-cigarettes ban.  Marvelous asserted, however, that the November 2018 order had been stayed by the Delhi High Court and the government's retention of its consignment is due only to the pendency of this writ petition.  The court ordered the release of Marvelous' consignment.  

M/S Marvelous Creations v. Deputy Commissioner of Customs, W.P.(C) 468/2019, High Court of Delhi (2019).

  • India
  • May 8, 2019
  • High Court of Delhi at New Delhi
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Parties

Plaintiff M/S Marvelous Creations

Defendant Deputy Commissioner of Customs

Legislation Cited

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Type of Litigation

Tobacco Control Topics

None

Substantive Issues

Type of Tobacco Product

"The Court sees no reason why the Petitioner's goods should not be released considering that the Circular in terms of which they were detained has been stayed by the learned Single Judge. Accordingly, the Respondent is directed to release the goods detained under the aforementioned Bill of Entry dated 4th January, 2019 to the Petitioner subject to such terms as the Respondent may think appropriate."