HC gives relief to cancer survivor in case against Customs

A division bench of Justices S J Kathawalla and N R Borkar was hearing a petition filed by a cancer survivor complaining that the Customs authorities had withheld four boxes of feeding tubes he had imported from the US. DHL Express (India) Ltd, the courier agency, told the court that it would submit the Bill of Entry of the package to the Customs Commissioner on Thursday itself.

The Bombay High Court on Thursday directed the Customs authorities in Mumbai to ensure that a parcel of feeding tubes is handed over without delay to a cancer survivor who had ordered it from the United States. A division bench of Justices S J Kathawalla and N R Borkar was hearing a petition filed by a cancer survivor complaining that the Customs authorities had withheld four boxes of feeding tubes he had imported from the US.

DHL Express (India) Ltd, the courier agency, told the court that it would submit the Bill of Entry of the package to the Customs Commissioner on Thursday itself. The court then asked the petitioner to forward Form No 7, which contains a declaration of items in the imported package, to the Customs Commissioner.

"The Customs Commissioner shall process the documents received and ensure that the parcel containing Osmolite Nutrio N-Food for Tube Feeding Patient is handed over to the advocates of the petitioner or their representatives within 24 hours," the court directed. The bench adjourned the hearing to June 22 so that the customs authorities can inform about compliance of the order.

The petitioner, a Mumbai resident, was diagnosed with oral cancer in December 2016 and underwent a surgery. As a consequence, he needs a feeding tube to consume food. He has to import feeding tubes from the US as they are not available in India, he told the court.

As per his petition, the assistant commissioner of customs, whose office is located at Air Cargo Complex at Sahar in suburban Andheri, withheld the latest consignment of feeding tubes on grounds that remained unclear. The petitioner would soon run out of his existing stock of feeding tubes, the plea contended.