2018 (8) TMI 1702 - HC - Customs

Release of seized goods - metal scraps mixed with plastic canes, pet bottles and other non metallic waste - the second respondent, without considering the petitioner request for release, has passed the confiscation order and further directed for reexport of the entire cargo - Held that - Considering the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner, dated 18.07.2018, in the light of the order passed by the second respondent in Order-In-Origi9nal No.13/2018, dated 08.05.2018 and pass appropriate orders on merits and in accordance with law within a period of one week from the date of receipt of a copy of this order - petition disposed off.

Summary

Issues: Mandamus to consider petitioner's representation regarding imported goods.

Analysis:
1. Importation of Goods: The petitioner imported Light Melting Scrap (LMS) from a supplier in France, which was later sold to a local importer. The goods were cleared based on a Pre-Inspection Certificate but were found to be mixed with plastic waste upon inspection by Customs officials at Tuticorin.

2. Confiscation and Legal Proceedings: The Pollution Control Authority reported that the imported material contained plastic waste, leading to the seizure of the entire cargo by Customs. Subsequently, a show cause notice for confiscation was issued, and despite requests for release, the goods were not cleared. The petitioner appealed the confiscation order, which was remanded back for reevaluation by the Customs authorities.

3. Representation and Re-Export: Following the remand order, the petitioner requested re-inspection of the cargo to segregate the plastic scrap from the LMS. The Customs authorities permitted segregation and re-export of the plastic waste, while directing the release of the remaining LMS containers on payment of duties and interest.

4. Non-Action by First Respondent: Despite the directions for segregation and re-export, the first respondent did not release the LMS containers, prompting the petitioner to file a representation seeking clearance of the goods. The petitioner alleged inaction by the first respondent in considering the representation dated 18.07.2018.

5. Court's Decision: The petitioner sought a Mandamus directing the first respondent to consider the representation. The Court, without delving into the case's merits, directed the first respondent to review the representation in light of the second respondent's order and make a decision within one week. The Writ Petition was disposed of with no costs awarded.