Hazardous waste classification of imported machinery rejected, with release permitted subject to inspection, duty payment and lawful conditions.

Imported digital multifunction print and copying machines were treated as neither hazardous waste nor restricted goods under Rule 3(1)(iii) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, so withholding release on that basis was not justified. The order follows earlier connected writ petitions and permits customs authorities to require inspection by authorised chartered engineers before release where such inspection has not been carried out, with release thereafter on payment of applicable customs duty and compliance with lawful conditions. It also preserves the petitioners' liberty to seek waiver of detention and demurrage charges under the cargo handling regulations. The goods were directed to be released on similar terms as in the earlier order.

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Issues: Whether the imported digital multifunction print and copying machines were liable to be treated as hazardous waste or restricted goods so as to justify withholding of release, and whether the goods were required to be released on terms similar to those fixed in earlier connected writ petitions.

Analysis: The order proceeds on the basis that a prior detailed order had already held such machines not to fall within the restricted category and not to constitute hazardous waste under Rule 3(1)(iii) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008. It further follows the earlier direction that, where inspection had not been carried out by authorised chartered engineers, the customs authorities could require inspection before release, with release thereafter on payment of appropriate customs duty and compliance with the conditions prescribed by law. The order also preserves the petitioners' liberty to seek waiver of detention and demurrage charges under Regulation 6 of the Handling of Cargo in Customs Area Regulations, 2009.

Conclusion: The goods were directed to be released on similar terms as those set out in the earlier order.

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