2009 (3) TMI 78 - HC - Customs

Import of hazardous waste material i.e. furnace oil case of appellant is that the goods were imported in the year 1999 and the circulars issued in the year 2001 or 2002 based on the judgment of Hon ble the Supreme Court laying fresh norms for testing of the material would not apply to the transaction of import made earlier - judgment of Hon ble the Supreme Court in the case of Research Foundation for Science v. Union of India, delivered on 5.5.1997, is binding on every Court and authority from date of that judgment i.e. from 5.5.97, hazardous waste has been banned and no import of such a material is permitted therefore there is no merit in the contention of appellant - appeal lacks merit and does not warrant admission because no question of law much less substantive question of law would arise for determination of this Court

Summary

Issues:
1. Import of hazardous waste material into India.
2. Application of circulars issued in 1997 and 1999 regarding testing norms.
3. Binding nature of judgments of the Supreme Court under Article 141 of the Constitution.

Analysis:
1. The primary issue in this case revolves around the import of hazardous waste material into India. The Tribunal found that the goods in question, specifically furnace oil, were categorized as hazardous waste after re-testing samples at the request of the appellant. Consequently, the adjudicating authority confiscated the goods and imposed a penalty. The appellant contended that the circulars issued in 2001 or 2002, based on a Supreme Court judgment from 1997, should not apply to imports made in 1999. However, the Court held that the hazardous waste had been banned since 1997, and no import of such material is permitted, regardless of the year of import.

2. The second issue concerns the application of circulars issued in 1997 and 1999 regarding testing norms for imported goods. The appellant argued that the circulars issued after the import in 1999 should not be applicable. The Court rejected this argument, emphasizing that the law declared by the Supreme Court through its judgments, such as the one in 1997, must be followed and is binding under Article 141 of the Constitution. The Court highlighted that the hazardous waste had been banned since 1997, making any import of such material impermissible.

3. The third issue addresses the binding nature of judgments of the Supreme Court under Article 141 of the Constitution. The Court reiterated that the judgment of the Supreme Court in 1997, which banned the import of hazardous waste, is binding on all courts and authorities. The Court emphasized that the directions issued by the Supreme Court in 1997 regarding hazardous waste disposal must be adhered to by State Governments and Pollution Control Boards. Therefore, the Court dismissed the appeal, stating that no question of law, let alone a substantive question of law, arises for determination, as the import of hazardous waste has been prohibited since 1997.