2016 (9) TMI 417 - SC - Customs

Recommendations on the maintenance of minimum distance in customs area - between hazardous cargo and general cargo - between hazardous cargo and administrative buildings - Circular No.40/2016-Customs - Held that - clarification issued that the Circular No.40/2016-Customs may be treated as laying down the prescribed guidelines, for safety and security, across the Board, for maintaining distance, between hazardous cargo and general cargo, as also, hazardous cargo and administrative buildings in the customs area, and elsewhere, subject to one overriding condition, that the same would be subject to any statutory provision(s) expressly provided for the distance to be maintained in such matters - petition disposed off - application for intervention disposed off - all pending applications disposed off.

Summary

Issues:
1. Lack of concrete determination on minimum distance between hazardous cargo and general cargo.
2. Oversight in the report of the Technical Committee.
3. Clarification sought by the Court regarding the minimum distance required.
4. Circular no. 40/2016-Customs as clarification.
5. Guidelines for maintaining distance between hazardous cargo and general cargo.

Analysis:
1. The Court noted that a report by the Technical Committee lacked a specific determination on the minimum distance required between hazardous cargo and general cargo in the customs area. The petitioner highlighted this issue, leading to the acknowledgment that while recommendations were made for hazardous cargo and administrative buildings, the distance for general cargo remained unspecified.

2. The respondent, Union of India, admitted the oversight and assured the Court that a clarification would be provided by the Technical Committee within four weeks. This acknowledgment of the mistake and commitment to rectify the error demonstrated a proactive approach to address the issue raised by the petitioner.

3. Following the Court's directive, a Circular no. 40/2016-Customs dated 26.08.2016 was presented by the Additional Solicitor General, representing the Union of India. This circular was accepted as the sought-after clarification by the Court, indicating a timely response to the Court's concerns regarding the lack of specific guidelines on maintaining distances between hazardous cargo and other entities in the customs area.

4. The Circular no. 40/2016-Customs was considered by the Court as laying down prescribed guidelines for safety and security concerning the maintenance of distances between hazardous cargo, general cargo, and administrative buildings. The submission made emphasized that these guidelines were applicable universally, subject to any statutory provisions explicitly addressing distance requirements in such scenarios.

5. Consequently, the Court disposed of the petitions based on the clarification provided through Circular no. 40/2016-Customs, effectively resolving the issue of ambiguity regarding the minimum distance between hazardous cargo and general cargo. The intervention application was also disposed of, along with any pending applications, bringing closure to the matter with the implementation of the clarified guidelines for maintaining safe distances in the customs area.