2020 (12) TMI 477 - HC - Customs

Permission for clearance of light melting scrap - permission to dispose the plastic cans, PET bottles to the plastic recycling Industrial Units after segregating the same from the light melting scrap imported - it is contended that the PET bottles if allowed to be retained in India, it will cause pollution - case of respondent is that respondents cannot grant permission for the petitioner to dispose of the PET bottles which is a banned imported item to be disposed of in India - HELD THAT - The relief sought for in this writ petition cannot be granted by this Court as he seeks for a positive direction. It is for the respondent to consider the request of the petitioner to segregate the PET bottles from light melting scrap, which was imported by the petitioner under bill of entry No.6208313 dated 23.07.2014. No prejudice will be caused to the respondents, if the petitioner's representations dated 25.08.2014 15.09.2014 is considered by them on merits and in accordance with law. This Court directs the second respondent to consider the petitioner's representations dated 25.08.2014 15.09.2014 is seeking permission to segregate the PET bottles from the light melting scrap and also seeking permission to dispose of the PET bottles in India itself instead of re-exporting the same to the country of origin and pass final orders on merits and in accordance with law - Petition disposed off.

Summary

Issues:
Mandamus seeking direction to permit clearance of light melting scrap and disposal of plastic cans and PET bottles.

Analysis:
The petitioner imported five containers of light melting scrap (LMS) from an overseas supplier, which were found to contain plastic cans and PET bottles. The authorities seized the goods due to the presence of undeclared waste. The petitioner argued that the mixing of PET bottles was unintentional, requesting permission to segregate and dispose of them in India. The respondents contended that the PET bottles, being a banned item, cannot be disposed of in India due to pollution concerns. The court noted that the relief sought was for a positive direction and directed the respondents to consider the petitioner's representations for segregation and disposal of PET bottles within eight weeks, emphasizing that no prejudice would be caused by such consideration.

This judgment revolves around the issue of whether the petitioner should be permitted to dispose of PET bottles mixed with light melting scrap in India. The court highlighted the petitioner's claim of unintentional mixing and the authorities' concerns regarding pollution from retaining the PET bottles in India. The court emphasized that the decision on permitting disposal should be made by the respondents based on the petitioner's representations and in accordance with the law.

The court's decision focused on directing the second respondent to consider the petitioner's representations seeking permission to segregate and dispose of the PET bottles within a specified timeframe. By emphasizing that no prejudice would be caused to the respondents by considering the representations, the court balanced the petitioner's request with the respondents' pollution concerns. The judgment underscores the importance of addressing the issue of waste disposal in compliance with legal procedures and environmental considerations.