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TMI Blog2013 (2) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Customs had taken up the case for adjudication and passed an order re-determining the value and confiscated the goods under Sections 111(d) and 111(m) of the Customs Act, but giving an option to redeem the goods on payment of fine under Section 125 of the Customs Act and also imposed penalty on the respondents under Section 112(a) of the Customs Act. According to the respondents, they have paid all the said sums and had requested the Deputy Commissioner of Customs (Docks) to release the goods. However, since the goods are not released, they have come forward to file the writ petitions praying to issue writs of Mandamus directing the authorities to release the goods. Along with the writ petitions, the importers have also filed Miscellaneous Petitions for the very same relief of directing the authorities to release the goods. 2. Before the learned single Judge it was contended by the Customs officials, by filing counter affidavits, that the Directorate of Revenue Intelligence received intelligence that old and used tyres imported by the respondents through Chennai Port are being supplied to the reprocessing units located in Karnataka and Gujarat after cutting into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. During the course of hearing before the learned single Judge, as certain doubts were raised by the Customs about the propriety of the inspection report of the Chartered Engineer M/s. S.G.S. India Private Limited, as agreed by both the parties, the learned single Judge had permitted the authorities to re-inspect the consignment of goods, and to file a report after such inspection. Accordingly, another authorized chartered engineer from the Inspectorate, Griffith India Private Limited, Chennai had inspected the goods in question on 15-4-2011 in the presence of the officials of the Directorate of Revenue Intelligence and in the presence of the representatives of the other parties concerned and had filed the inspection reports, dated 23-4-2011. According to the said report, as far as W.P. No. 8274 of 2011 (concerned with W.A. No. 930/2011) is concerned, it is found that the consignment consists of about 88% part-worn, re-treaded tyres, 8% re-usable tyres after retreading and 4% end of life tyres. In respect of W.P. No. 8512 of 2011 (concerned with W.A. No. 929/2011), it is found that the consignment consists of about 28% part-worn tyres and 72% re-usable tyres after retreading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... special environmental procedure as they fall under the category of 'hazardous waste'. According to the learned standing counsel, the Hazardous Rules, 2008 will apply to the cases on hand and hence the importers be directed to re-export the used car tyres. 9. On the contrary, on the part of the importers/writ petitioners, it has been argued that the imported goods are not at all hazardous substances and that they have already paid the requisite duty and fee to the authorities concerned after the adjudication process. It has also been argued on their behalf that the order of adjudicating officer having not been challenged by the Department of Customs, it is not open for them to disobey the said orders. According to the importers, the learned single Judge has rightly assessed the entire issue in its proper perspective and has arrived at the conclusion of acceding their request and would pray to dismiss these writ appeals as devoid of merits. 10. To assess the true facts and circumstances, we have directed the Tamil Nadu Pollution Control to examine the goods and file a report before us. In due compliance of the same, the Pollution Control Board has examined the containers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010 after obtaining prior permission of Ministry of Environment & Forests, Government of India. Hence as per the provisions of Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 and amendment 2010, the waste pneumatic tyres can be imported to the country with the permission of Ministry of Environment & Forests." 11. From the materials placed on record, we are able to assess that as per the United Nations Environmental Programme vis-à-vis Basel Convention regarding Pneumatic tyres, the lifetime of an original tyre casing must not exceed seven years. All the imported used tyres in these cases are 6+ years old and as per the reports available on record, these tyres cannot be made use of until and unless they are re-treaded and even after re-treading, they cannot be made use of for quite a long time. Therefore, naturally, these old tyres will shortly be a hazardous waste in our country. The Intelligence inputs submitted by the appellants that the old and used tyres imported by the respondents through Chennai Port are being supplied to the reprocessing units located in Karnataka and Gujarat after cutting into pieces also does not inspire us to support th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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