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TMI BlogDirections of the Hon’ble Supreme Court of India dated 14.10.2003 in the matter of WP No. 657/95 – RegardingX X X X Extracts X X X X X X X X Extracts X X X X ..... tional Resource Policy vs. Union of India relating to import of hazardous wastes. In this regard, it is mentioned that Board has issued the following instructions till now: (i) Board's letter F. No. 478/33/96-LC dated 17.9.97; (ii) Circular No. 106 dated 22.12.2000; (iii) Circular No. 60/97-Cus. dated 12.11.1997; (iv) Circular No. 33/2001-Cus. dated 4.6.2001, and (v) Circular No. 66/2003-Cus. dated 28.7.2003. 2. The above order of the Apex Court has been considered by the Board, and issues pertaining to Customs are mentioned below for information and necessary action in modification of the above instructions/circulars. 3. Vide order dated 24th September ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... porters as well as to the concerned Commissioner of Customs. The Commissioner of Customs is to file affidavit stating as to what steps have been taken to date in respect of the 133 containers, and the importers are to show cause as to why the imported consignments should not be re-exported or destroyed at their cost and why the amount spent on analysis in the laboratory should not be recovered from them. Vide further order dated 11.3.2004, the Apex Court has directed Customs to adjudicate the cases of the above 15 importers within three months, i.e., by 10.6.2004. 6. At pages 31 and 32 of the order, the Hon'ble Apex Court has observed that unscrupulous traders in the garb of importing used oil or furnace oil, are in fact importing waste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dhawan Committee appointed to enquire into the matter, hazardous goods were found lying at ICD Ludhiana, ICD Tughlakabad, ICD Ballabgarh, Kandla Port Trust, Mumbai Port Trust, Jawaharlal Nehru Port Trust, Calcutta Port Trust, Chennai Port Trust, and ICD Bangalore. The report had suggested action against the importers for illegal import as per the Customs Act, 1962, and the Central Board of Excise and Customs was requested to ensure action against the importers of illegal consignments of hazardous waste. In this connection, the Hon'ble Court has outlined two broad aspects of the matter. The first relates to such illegal consignments that have been cleared and have found their way to the market. For such cases, the Court has directed action t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Annexure A (No. 23-16/96-HSMD-Vol.III dated 20.11.2003 of Ministry of Environment and Forests, HSM Division). The Committee has been empowered to oversee the implementation of the Hon'ble Supreme Court's orders on hazardous waste management in WP 657 of 1995. 10. At page 46 of the order, the Hon'ble Supreme Court has directed MoEF for making provision for a bank guarantee to be furnished by the importer while seeking permission to import used oil, furnace oil and zinc wastes. Such bank guarantee is to be released only after the imported consignment is found to conform to the declared item of import. This may be referred to the Member of the Monitoring Committee on Hazardous Waste Management in your area/zone for clarification. 11. H ..... X X X X Extracts X X X X X X X X Extracts X X X X
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