2021 (5) TMI 326 - HC - Customs

Release of imported goods - used ventilators - non-hazardous goods - HELD THAT - The petitioner has relied upon a certificate of the chartered engineer in support of its contention that the used ventilators imported constitute non-hazardous goods. In my view, the appropriate authority to confirm the nature of goods would not be the chartered engineer. Thus, in the course of adjudication, the assessing authority shall make a reference to the competent authority either under the Hazardous Substance Management Division/R1 or any other authority competent for this purpose, to determine whether the used ventilators imported by the petitioner would constitute hazardous material, bearing in mind the definition of the term in the Hazardous Waste Management Rules 2016. Petition dismissed as withdrawn.

Summary

Issues:
1. Certiorarified mandamus seeking quash of order for release of used ventilators.
2. Mandamus to direct issuance of Demurrage and Detention Waiver Certificate for goods under Bill of Entry.

Certiorarified Mandamus Issue:
The petitioner sought to quash an order rejecting the release of used ventilators, but later withdrew the certiorari prayer. The court permitted the petitioner to respond to a show cause notice within two weeks and ordered adjudication within twelve weeks.

Mandamus for Demurrage Issue:
The petitioner requested a mandamus for a Demurrage and Detention Waiver Certificate. The court deemed the request premature, stating that the nature of goods should be confirmed by the competent authority, not a chartered engineer. The assessing authority was directed to refer to the Hazardous Substance Management Division or another competent authority to determine if the imported ventilators were hazardous material.

The court dismissed both writ petitions as withdrawn, with no costs awarded. Connected miscellaneous petitions were closed as well.