Biodegradable packaging and export-unit status defeated confiscation under the Plastic Waste Rules for alleged rule breaches.

Export consignments packed in poly lactic acid based, biodegradable material were held not to fall within the non-biodegradable plastic targeted by the Plastic Waste (Management and Handling) Rules, 2011. On the test reports and clarification relied upon, the alleged breach of Rule 5(d) and Rule 5(g) was not established. The Tribunal also applied Supreme Court guidance that the Rules do not operate in the same manner for exports by a 100% export oriented unit as they do for domestic sale. As the contravention was not proved, the export goods were not liable to confiscation.

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Issues: Whether the export consignments were liable to confiscation on the alleged violation of Rule 5(d) and Rule 5(g) of the Plastic Waste (Management and Handling) Rules, 2011.

Analysis: The packaging material was found on the material before the Tribunal to be poly lactic acid based and biodegradable. The departmental and independent test reports, together with the clarification relied upon, indicated that the plastic used was not the non-biodegradable plastic targeted by the Rules. The Tribunal also relied upon the Supreme Court orders holding that, in the case of export by a 100% export oriented unit, the operation of the Plastic Waste (Management and Handling) Rules, 2011 would not apply in the same manner as for domestic sale. In these circumstances, the finding of violation of the Rules could not be sustained.

Conclusion: The alleged contravention of Rule 5(d) and Rule 5(g) was not established, and the export goods were not liable to confiscation.

Ratio Decidendi: Goods exported by a 100% export oriented unit, packed in biodegradable plastic material, are not liable to confiscation for breach of the Plastic Waste (Management and Handling) Rules, 2011 where the material does not fall within the prohibited non-biodegradable category.

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