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TMI Blog2017 (2) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... es authorisation from authorities and import of second hand goods is specifically prohibited by the Foreign Trade Policy brought out by Government of India, Ministry of Commerce and Industry, Department of Commerce. In the context of what has been stated above by the Department, this Court is not inclined to grant an order for provisional release. The adjudicating authority would have to consider the issue and adjudicate on the same in a time bound manner. - W.P.(C).Nos.213 of 2017-B & 1354 of 2017-T - - - Dated:- 23-1-2017 - K. Vinod Chandran, J FOR THE PETITIONER : ADVS.SRI.JOSEPH KODIANTHARA (SENIOR ADVOCATE), SRI.P.A.AUGUSTIAN, SRI.M.A.BABY, SMT.LINDA.M.J. FOR THE RESPONDENT : STANDING COUNSEL SRI.SREELAL N. WARRIER. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Schedule VIII. The MFDs admittedly have been included in Part D as applicable in the Rules and the requirement under Schedule VIII is as herein below: SCHEDULE VIII [See rules 13(2) and 13(4) List of documents for verification by Customs for import of other wastes specified in Part D of Schedule III Sl. No. Basel No. Description of other wastes List of Documents 1 2 3 4 (j) Used multifunction print and copying machines (MFDs) (a) The country of Origin Certificate along with bill of lading and packaging; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rol the import of used goods, effectively turning this Country into a dumping ground. No import of such goods could be made without complying with the specific conditions indicated in the Rules. Without admitting, it is submitted that even if the MFDs are not included in the hazardous waste , the Rules at Exhibit P12 specify the equipment to come under other wastes , for which there is a requirement of furnishing the information as per Form 6 to Customs authorities, which should be accompanied with the documents as specified in sub-rule (2) of Rule 13 and those listed out in Schedule VIII, which are extracted hereinabove. 6. The request for direction to effect provisional release is objected on the ground that there would be absolutely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing reliance on the decisions cited. Especially since the original authority has not considered the issue and the impact of the declarations made by the different High Courts on the facts of the instant case. The issue cannot be dealt with on the basis of the provisions in the Customs Act alone. There are specific rules provided for import of hazardous waste and other wastes, which requires authorisation from authorities and import of second hand goods is specifically prohibited by the Foreign Trade Policy brought out by Government of India, Ministry of Commerce and Industry, Department of Commerce. In the context of what has been stated above by the Department, this Court is not inclined to grant an order for provisional release. 9. How ..... X X X X Extracts X X X X X X X X Extracts X X X X
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