9911796707
TMI Blog2010 (12) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... rghese JUDGMENT J. Chelameswar, CJ. The instant appeal is filed aggrieved by the interim order dated 1st December, 2010 in W.P.(C). The respondents in the above mentioned Writ Petition are the appellants herein. The writ petitioner/sole respondent herein imported certain goods i.e., old and used digital multi functional printers and presented three bills of entry for home consumption marked as Ext.P1` to P3 in the Writ Petition, on payment of appropriate customs duty on the imported materials. The appellants have not permitted the respondent to clear the goods. The stand of the appellants is that under the rules known as Hazardous Wastes (Management, Handling and Transboundary Movement) Rules 2008 framed pursuant to the powers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luding printed circuit boards, electronic components and wires) destined for direct reuse and not for recycling or final disposal. 2. The expression 'hazardous wastes' is defined under Rule 3(l) of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules 2008, as follows: 'hazardous waste' means any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or in likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include-- (i) waste specified under column (3) of Schedule I, (ii) wastes having constituents specified in Schedule II, if their con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nspite of the fact that the bills of entry were presented in the month of August, the respondent herein approached this Court by filing the above mentioned Writ Petition with the prayers as follows: 1) issue a writ of mandamus or such other writ, order or direction, directing the respondents to permit the petitioner to clear the goods covered by Exhibits P1 to P3 Bills of Entry, after paying the duty and cess due on the said goods under the Customs Act, 1962; 2) declare that the goods imported by the petitioner are not prohibited for import, and therefore, are eligible to be cleared after payment of duty and cess, as envisaged under the Customs Act, 1962; 3) grant such other and incidental reliefs as this Hon'ble Court may dee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Protection) Act, 1986, we deem it appropriate to dispose of the Writ Petition itself directing the respondents/appellants to pass a final order after such examination of the imported materials as they deem fit and proper in the circumstances, after giving a reasonable opportunity to the respondent regarding the permissibility or otherwise of clearance of the imported materials for home consumption, within a period of two weeks from today. 9. After the appropriate examination of imported materials, if the appellants come to the conclusion that either a part of or whole of the imported materials cannot be cleared for home consumption, they shall pass a speaking order indicating the reasons as to how such a conclusion is arrived at. If the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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