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TMI Blog2013 (12) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... red under the said consignments are hazardous and/or toxic. The Customs Authorities have averred in the affidavit that steps were taken promptly for sending the sample to be tested whether the same is hazardous and/or toxic to the different laboratories and ultimately it is sent to Central Revenue Control Laboratory (C.R.C.L), New Delhi. According to the learned Advocate appearing for the Customs Authorities the import of the hazardous and highly polluted goods may cause a tremendous risk to the environment and to human existence and the same cannot be allowed to be imported within the territory of the country as held by the Supreme Court in case of Research Foundation for Science and Technology Natural Resources Policy versus Union of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and lastly it is a deliberate disposal of hazardous wastes in contravention of the Basel Convention and general principles of International and National Law. Sub Rule 2 of Rule 17 of the said rules applies in case of illegal import of the hazardous wastes and provides for reexport within a period of ninety days from the date of its arrival into India and its implementation should be ensured by the concerned State Pollution Control Board. Mr. Khaitan further places before this Court the judgement of the Supreme Court in case of the Research Foundation for SC. Tech. Natural Resources Policy versus Union of India reported in 2005 (192) E.L.T. 8(SC) to contend that two courses are open in case of import of hazardous or toxic wastes. Firstl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er denies their responsibilities for such detention, as according to the respondents, because of the recalcitrant and inactive approach of the petitioner the samples could not be drawn immediately whereas the petitioner says that the respondent authorities have shown their dormant and lethargic approach in not sending the samples to the laborites as indicated in Schedule VII to the said Rules. The port authorities are not parties to this proceeding. It is still uncertain whether any claim is made towards the detention and/or demurrage charges by the port authorities. This Court, therefore, does not intend to decide the said issue which is still borne. This Court is basically concerned that the consignments which, according to the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or testing are found to be insufficient to arrive at the correct conclusion. The entire exercise shall be completed by the Customs Authorities within four weeks from date. The petitioner shall intimate the Customs Authorities the date and the venue for re-export of those consignments. The port authorities, after intimated by the Customs Authorities, shall allow the consignments to be re-exported to the foreign seller upon due satisfaction of its claim, as applicable and if the port is in monetary claim in respect of the consignments the same would be paid by the petitioner and the petitioner shall be entitled to recover the said amount by initiating the appropriate proceeding against the authorities before the court of competent jurisdic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent to re-export goods in terms of the earlier order. If an interlocutory order has not been assailed and there was a direction passed have not been complied with the Court certainly can grant the financial relief against the defaulting party. In the present case I am afraid that the said case cannot be applicable. The aforesaid two reports cannot be of any assistance and help to the petitioner inasmuch as the detention and/or demurrage charges has not been levied and/or asked for and this Court, therefore, does not intend to make any observations thereupon. The writ petition is, thus, disposed of. There shall be no order as to costs. Urgent xerox certified photocopies of this order be supplied, if applied for, to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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