2020 (8) TMI 32 - HC - Customs

Import of prohibited goods or not - old and used tires which are reuseable - HELD THAT - Let Notice be issued for final disposal to the respondents returnable on 19.08.2020. The situation being identical in all the captioned matters, similar interim directions are issued subject to similar conditions The Registry shall also notify the Special Civil Application No.8492 of 2015 along with the captioned writ applications for hearing.

Summary

Issues Involved:
1. Interpretation of whether old and used tires fall under "prohibited goods."

Analysis:
The High Court, comprising the Chief Justice and another Justice, heard arguments from the petitioner's counsel and the Standing Counsel for the Union of India. The main issue in the batch of writ applications was whether old and used tires, which are reusable, are considered "prohibited goods." Reference was made to previous court orders to assess the issue's coverage. The Court acknowledged that the issue seems to be settled based on previous orders but sought the Union of India's stance before a final decision. The Court noted that the main matter, Special Civil Application No.8492 of 2015, is pending, and they intend to resolve the issue conclusively.

The petitioner's counsel requested an interim order for the release of imported goods at Mundra Port. The Court referred to a previous order for a similar situation where goods were released under specific conditions, including assessment by a Surveyor to determine reusability. The Court issued notices for final disposal to respondents returnable on a specified date, providing interim directions with similar conditions for compliance by the returnable date. The Registry was instructed to schedule the Special Civil Application No.8492 of 2015 along with the current writ applications for a joint hearing.