Re Export vs Prohibition

This case addresses a critical question: can an importer avoid regulatory violations by opting for re-export after importing goods without mandatory licenses.

The Bombay High Court held that warehousing does not dilute statutory compliance requirements at the point of import. 

Goods imported in violation of mandatory conditions, such as absence of CDSCO registration, can be treated as prohibited goods and subjected to seizure and confiscation. 

The Court underscored that re-export is not an automatic right, particularly where the import itself is tainted by illegality or misdeclaration.