9911796707
TMI Blog2018 (6) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... g a speaking order and after affording an opportunity of hearing to the petitioner within a period of one month from the date of receipt of the certified copy of the order. - CWP-14628-2018 - - - Dated:- 31-5-2018 - MR. AJAY KUMAR MITTAL AND MR. TEJINDER SINGH DHINDSA, JJ. For The Petitioner : Mr. Saurabh Kapoor, Advocate ORDER AJAY KUMAR MITTAL, ACJ. 1. In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 20.10.2017 (Annexure P-9). Further, a direction has been sought to the respondents to release the consignment of imported goods comprising of Re-Rollable Steel Scrap Imported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... faces and was made of synthetic polymer. Respondent No.3 vide letter dated 23.11.2015 requested the Director, CRCL, New Delhi to send the report for finalizing the assessment. The CRCL vide its letter dated 4.1.2016 had informed that the samples tested were found to contain heavy metals like Lead, Nickel Cadmium and Chromium within the prescribed limit as per Schedule II of the Hazardous Waste Management and Trans-boundary Movement Rules, 2008. When the goods were neither seized nor released by the respondents, the petitioner filed CWP-3242-3016 and during the pendency of the said writ petition, respondent No.2 vide order dated 18.2.2016 (Annexure P-1) ordered for confiscation of the goods and also imposed redemption fine and penalty. The s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods. Respondent No.3 vide letter dated 20.10.2017 (Annexure P-9) informed that since no detention memo or panchnama had been issued by the Anti Smuggling Staff, therefore, the same cannot be issued to the petitioner. Again the petitioner vide letters dated 11.9.2017, 7.11.2017 and 9.1.2018 (Annexure P-10 to P-12, respectively) requested respondent No.2 to take necessary steps for issuance of detention memos. In pursuance to letter, Annexure P- 12, respondent No.2 vide letter dated 24.1.2018 (Annexure P-13) directed respondent No.3 that since the goods were detained at the investigation stage itself, the records be checked and the goods be permitted to be released. In response thereto, vide letter dated 1.2.2018 (Annexure P-14), respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
