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TMI Blog2009 (9) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... waste falls under Chapter Heading 38.25 of the Customs Tariff/EXIM Code 3825 10 00 of the Foreign Trade Policy and thus is not freely importable. Goods in question have thus rightly been held liable to confiscation under the Customs Act/Foreign Trade Policy/Hazardous Wastes Rules - Since liability to confiscation of goods is upheld, penalty is also sustainable, however, penalty reduced to ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-examination with strict warning to the importers, at their request. Cargo in the remaining 6 containers was found to be fungus infested with bad odour and the importers were directed to re-export the same or submit NOC from the Tamil Nadu Pollution Control Board at Chennai or Central Pollution Control Board at Bangalore. Show-cause notice dated 23-12-05 was issued for re-export at the expense of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eing heavily contaminated with domestic waste which was not freely importable is liable to confiscation but was not directed to be confiscated; and imposing penalty of Rs. 25,000/- on the importers so as to act as deterrent and a constant reminder to them to compel their foreign suppliers that unsorted waste paper is not contaminated with any trace of non-freely importable domestic/municipal waste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ials, but not when they form part of the domestic waste which is one of the sources of municipal waste. PP/LDPE cans/boxes and soiled polythene bags which constituted approx. 1% of the total weight of the cargo, are not freely importable even as individual materials. When the other waste material is of domestic waste origin and 2/3rd part by weight is under OGL and l/3rd part by weight is under no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the impugned order makes it clear that it is Section 111(d) which is alleged/found to be violated. 3. Since liability to confiscation of goods is upheld, penalty is also sustainable. However, in the totality of facts and circumstances of the case, I reduce the penalty to Rs. 10,000/- (Rupees Ten thousand only). The appeal is thus partly allowed. (Pronounced in open court on 7-9-2009) - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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