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Issues involved: The judgment involves the detention of goods by Customs Authorities on the grounds of being hazardous and/or toxic, the request for release or re-export of the goods, the legal provisions regarding handling of hazardous wastes, and the liability for detention and demurrage charges.
Detention of Goods: The writ petition was filed for the release of goods detained by Customs Authorities due to concerns of being hazardous and toxic. The Customs Authorities sent samples for testing to determine the nature of the goods. The petitioner sought re-export of the goods as the foreign exporters agreed to take them back and cover voyage freight. Legal Provisions: The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, contain provisions regarding handling of hazardous wastes. Rule 17 states that illegal import of hazardous wastes must be re-exported within ninety days. Supreme Court judgments emphasize re-export or proper disposal of hazardous wastes in accordance with rules. Re-export of Goods: The Court directed Customs Authorities to allow the consignments to be re-exported to the foreign seller, subject to necessary testing and procedures. The petitioner must inform Customs Authorities of re-export details. Port authorities should facilitate re-export upon satisfaction of any applicable claims. Liability for Charges: Previous judgments discussed liability for detention and demurrage charges. The Court did not address this issue as charges were not levied in the present case. The petitioner's reliance on past cases regarding charges was deemed inapplicable. Conclusion: The writ petition was disposed of with no order as to costs. The Court directed re-export of the goods to the foreign seller, following necessary procedures. Urgent copies of the order were to be provided to the parties upon request.
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