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TMI Blog2011 (6) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... y hearing applications have been filed in all the four cases. As only a very few cases were on board today morning and no cases for the afternoon, with the consent of both sides, the Registry was directed to list all the four cases for hearing together today itself in the afternoon. 2. Accordingly, all the four stay petitions, all the four miscellaneous applications for early hearing and all the four appeals listed in the supplementary list are taken up for hearing in the afternoon. 3. The learned Advocate for the appellants states that the appellants had paid 10% of the penalties imposed by the original authority before the appeals were heard by the lower appellate authority and the said amounts are still with the Departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also been ordered on the ground of mis-declaration holding that the impugned goods have been declared as computer system whereas they are e-waste. The original authority has allowed appellants to redeem the impugned confiscated goods on payment of redemption fines determined as Rs.50,000/-, Rs.1,10,000/-, Rs.33,000/- and Rs.48,000/- respectively. Penalties have also been imposed on the four appellants and as stated earlier, the same have been reduced to 50% by the lower appellate authority. The original authority has annexed photographs to his order showing some computers stuffed in containers in a half-hazard manner without packing. However, it has been clarified during the course of hearing that these photographs do not relate to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , purpose-built recycling plant under controlled condition and dumping area with facility of hazard toxic waste treatment and disposal are essential needs to prevent risk to human health and environment. 7. From the above, it is clear that according to the Chartered Engineer, 85% of the computers imported are directly usable and only 15% of the same are non-functional going by the random sample examination undertaken by him (it is not in dispute that he did not examine all the packages). He has also opined that if the reusable computers have to be refurbished and if the non-functional computers have to be made re-usable it will result in heavy amount of e-waste generation. As such, the report only expresses an apprehension if the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such hazardous waste is required to be prevented. The authorities below have laboured hard to use the Chartered Engineer s certificate and the apprehension expressed thereunder to treat the consignments as hazardous waste under the relevant Rules but such an exercise done by them cannot be approved as no competent authority has examined and held the consignment to be falling in the category of hazardous waste. 10. The impugned computer systems imported are lying in the customs area for nearly a year and has not caused any hazard or danger to anyone so far. The same also cannot be considered as waste electrical and electronic assembly etc. described in Basel B1110 category under Part B of Schedule III to the Hazardous Waste (Manag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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