2012 (9) TMI 7 - HC - Customs

High Court orders release of goods not hazardous waste, Customs directed to waive detention charges

The High Court of Madras directed the release of goods, including Digital Multifunction Print and Copying machines, which were not deemed 'Hazardous ... Classification of goods as not falling within the restricted category - hazardous waste under Rule 3(1)(iii) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 - release of detained goods on inspection and payment of appropriate customs duty - request for waiver of detention and demurrage charges under Regulation 6 of the Handling of Cargo in Customs Area Regulations, 2009 - expeditious release of goods within ten days after inspectionClassification of goods as not falling within the restricted category - hazardous waste under Rule 3(1)(iii) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 - Digital multifunction print and copying machines are not in the restricted category and do not amount to 'Hazardous Waste' under Rule 3(1)(iii) of the Hazardous Waste Rules, 2008. - HELD THAT: - The Court relied on its earlier detailed decision in the batch of writ petitions disposed of by the order dated 27.02.2012, which held that Digital Multifunction Print and Copying machines are not in the restricted category and therefore do not fall within the definition of 'Hazardous Waste' under Rule 3(1)(iii) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008. Having applied that precedent to the present petitions, the Court concluded that the goods in question cannot be treated as hazardous waste for the purposes of detention or non-release on that ground. [Paras 3]Goods held to be not hazardous waste and not within the restricted category; previous order of 27.02.2012 applied.Release of detained goods on inspection and payment of appropriate customs duty - request for waiver of detention and demurrage charges under Regulation 6 of the Handling of Cargo in Customs Area Regulations, 2009 - expeditious release of goods within ten days after inspection - Respondents directed to inspect and release the goods, on payment of appropriate customs duty and subject to conditions of law, and petitioners may request waiver of detention/demurrage under Regulation 6; release to be effected expeditiously and not later than ten days after inspection. - HELD THAT: - Following the operative directions in paragraph 28 of the Court's earlier order dated 27.02.2012, the Court directed that where authorised chartered engineers have not inspected the goods, the Customs authorities shall cause an inspection before release. Goods may be released upon completion of inspection, on payment of appropriate customs duty and fulfillment of legal conditions. Petitioners are permitted to make applications to the respondents under Regulation 6 of the Handling of Cargo in Customs Area Regulations, 2009, seeking waiver of detention and demurrage charges. The Court mandated that, on completion of inspection, the respondents shall release the goods as expeditiously as possible, and in any event not later than ten days thereafter. [Paras 3, 4]Respondents ordered to inspect and release the goods on the specified terms and to consider requests under Regulation 6; release to be effected expeditiously, within ten days of inspection.Final Conclusion: Writ petition allowed by applying the Court's earlier orders; respondents directed to release the goods on the terms stated in paragraph 28 of the order dated 27.02.2012 (inspection, payment of duty, consideration of waiver under Regulation 6), and to do so expeditiously, not later than ten days after inspection; no costs. Issues:Release of goods under Hazardous Waste RulesAnalysis:The judgment by the High Court of Madras involved the issue of releasing goods that were under consideration for falling under the category of 'Hazardous Waste' as per Rule 3(1)(iii) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008. The petitioner referred to a previous order dated 27.02.2012 in a batch of writ petitions, where similar issues were dealt with, and the court had ordered the release of the goods in question. Detailed arguments were presented, and the court had directed the release of Digital Multifunction Print and Copying machines, stating that they do not fall under the restricted category of 'Hazardous Waste'. The court emphasized the importance of inspection by authorized chartered engineers for cases where goods were not inspected and directed the Customs authorities to release the goods on payment of appropriate customs duty and fulfillment of prescribed conditions. The court also allowed the petitioners to request waiver of detention and demurrage charges as per Regulation 6 of the Handling of Cargo in Customs Area Regulations, 2009. The court ordered the release of goods expeditiously within a specified time limit.The judgment further referred to subsequent orders made by the court on 11.7.2012 and 3.8.2012 in different batches of writ petitions, and based on the previous orders, directed the respondents to release the goods in question on similar terms as stated in paragraph 28 of the order dated 27.2.2012. The court emphasized the need for prompt action in releasing the goods and did not impose any costs. The connected miscellaneous petition was closed as part of the judgment. The court's decision was based on the previous orders and the interpretation of the Hazardous Waste Rules, ensuring compliance with the prescribed procedures and regulations for the release of goods under consideration.