Re-export of suspected hazardous waste allowed where test results were inconclusive and the foreign seller agreed to take back the goods.

Consignments suspected to be hazardous or toxic waste, for which no conclusive laboratory report was yet available, could be directed for re-export where the foreign seller consented to take them back. Applying the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 read with the Environment (Protection) Act, 1986, the Court treated re-export as the appropriate course in the circumstances rather than indefinite detention of the goods. The consignments were therefore ordered to be re-exported to the foreign seller, subject to the stated formalities and within the time fixed by the Court. The question of detention or demurrage charges was left open.

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Issues: Whether consignments suspected to be hazardous or toxic wastes, pending laboratory determination, could be directed to be re-exported to the foreign seller at its instance and with the seller's consent.

Analysis: The consignments had already been sampled and sent for testing, but no conclusive report was available on their hazardous or toxic character. The governing framework under the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, read with the Environment (Protection) Act, 1986, recognizes illegal import of hazardous waste and permits re-export in appropriate cases. In the absence of a confirmed test result, and noting the foreign seller's willingness to take back the goods, the available course adopted by the Court was to follow the re-export route rather than keep the goods detained indefinitely. The issue of detention or demurrage charges was expressly left undecided.

Conclusion: The consignments were ordered to be re-exported to the foreign seller, subject to the indicated formalities and completion of the exercise within the time fixed by the Court.

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