ICD Customs seizes huge quantity of counterfeit goods of established brands like L'oreal, Calvin Klein & Polo; Two persons arrested
By TIOL News Service
NEW DELHI, MAY 26, 2016: IPR violations may be common in India but certainly not when fake goods come through borders. In an interesting development, the ICD Customs has seized huge quantity of all sorts of goods allegedly infringing IPRs of established brand names in the market. The seizure of high-end mobile phones, play stations and cosmetics has been billed as one of the biggest seizures. In this connection, two persons have also been arrested, including the mastermind. The arrest team was led by JC Nilank Kumar, states the Press Release.
Mr Kumar has stated that infringements of IPR, CITES, Explosives, FSSAI not only impact public safety and health but also undermine efforts of Government of India initiated through landmark national initiatives like "Make in India" and "Digital India". The seizures of this type send a clear signal to the international business community about the preparedness and commitment of Indian Customs to combat the hazards posed by counterfeit and illicit trade and to unscrupulous importers about zero tolerance for such mis-adventures.
A strict watch was being maintained over illegal import of counterfeit and un-authorised import of goods of reputed national/international, officers of Spl. Intelligence and Investigation Branch of ICD-Import, Tughlakabad, Delhi. The officers developed an intelligence of clandestine import of counterfeit goods of reputed international brands and intercepted a consignment imported as that of Knitted Fabrics and Chinese un-branded video games. The goods on examination were found to be Cosmetics of reputed brands like L’Oreal, Revlon, Lakme, Lotus etc., High end Mobille Phones viz. I-Phone-5, Blackberry, Motorazor, HTC, Nokia etc., Video Games viz. Sony Play Station, X-Box Video, Perfumes of Versace, Bvlgari,Gucci, Ralph Lauren, Million etc., a large quantity of Calculators which attract Anti Dumping Duty and host of other mis-declarations in terms of description and value of goods. Goods collectively valued at Rs 5.12 crores were placed under seizure.
Immediately owners of IPR holders were contacted to ascertain the authenticity of quality and value of goods under Import. IPR holders Hindustan Unilever Ltd., L’OREAL, LOTUS, BVLGARI, CALVIN KLEIN, POLO RALPH LAUREN sent their experts for evaluation and they certified lots of cosmetics bearing their respective brands collectively valued at Rs 2.28 crores to be counterfeit which is being seen as one of the largest seizure of counterfeit cosmetics of reputed international brands. The alertness and dexterity shown by the officers led by Shri Nilank Kumar, Joint Commissioner of Customs (SIIB), ICD-Imports, Tughlakabad, Delhi has not only averted a major violation of Intellectual Property Right by unscrupulous importers but has also prevented fiasco on health front the counterfeit goods may have caused to unsuspecting consumers, if they were to get released in the market. Samples of seized Cosmetics have been sent for forensic testing. The seized cosmetics and perfumes apart from being IPR infringing also qualify as "Spurious cosmetics" under the Drugs and Cosmetics Act’1940 as amended.
The Importer (IEC Holder) is only a front man and works as a Security Guard in the office of mastermind of operations. He has no business training or acumen and does not possess any financial muscle to organize import of such diverse items of internationally reputed brands at such a huge scale. He was merely a pawn in the entire game played by the mastermind.
A corporate veil was created in which he was the front man and behind him stood Accountant of mastermind who initially owned all responsibility in order to prevent the mastermind from long reach of law. Entire business dealings were being done on phone so as not to leave any paper trail. Painstaking efforts were made to quickly reach the mastermind. Searches were carried out at their residential and business premises which resulted in recovery of incriminating documents/evidences which in turn led to apprehending of mastermind. It also established the fact that they were wilfully involved in the smuggling activities.
The Importer and mastermind behind the outright smuggling attempt have admitted to their involvement in the fraudulent import and attempt at evasion of duty. The Importer and the mastermind were arrested on 25.05.2016 and produced before the Duty Magistrate, Patiala House, Delhi who remanded them to judicial custody till 31.05.2016.
