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of <h1>Court directs timely inspection and classification of imported goods to prevent misuse</h1> <h3>DARK LINE COPIER Versus THE COMMISSIONER OF CUSTOMS, COCHIN</h3> DARK LINE COPIER Versus THE COMMISSIONER OF CUSTOMS, COCHIN - TMI Issues Involved:1. Whether the imported Digital Multifunction Machines (DMM) fall under the 'restricted' or 'prohibited' category.2. Compliance with the E-waste Management Rules, 2016 and other relevant regulations.3. The legality of the detention of goods without issuing a show-cause notice within the stipulated time.4. The petitioner's entitlement to provisional release of the goods.Issue-wise Detailed Analysis:1. Classification of Imported Goods:The petitioner contends that the imported DMMs do not fall under the 'prohibited' category and should be classified as 'restricted' goods. The petitioner relies on previous judgments involving similar cases (M/s. Parag Domestic Appliances and M/s. Atul Automation) to argue that the issue is no longer res integra. The respondent, however, asserts that the imported goods are 'prohibited' due to non-compliance with various regulations. The Court notes the necessity of physical inspection and certification by competent authorities to determine the exact classification of the goods.2. Compliance with E-waste Management Rules and Other Regulations:The respondent argues that the petitioner violated multiple provisions under the Foreign Trade Policy (FTP), Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (H&OW Rules, 2016), E-waste (Management) Rules, 2016, and Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order 2012 (EITG Order 2012). Specific violations include the lack of mandatory authorization from DGFT, non-production of required certificates and forms, and failure to comply with direct reuse conditions. The petitioner, however, claims to have fulfilled the necessary requirements, including obtaining an Extended Producer Responsibility (EPR) certificate.3. Detention of Goods Without Show-Cause Notice:The petitioner argues that the respondent did not issue a show-cause notice within six months as required under Section 124 of the Customs Act, which obligates the respondent to release the detained goods. The Court notes that there is no evidence of an order of seizure under Section 110 of the Customs Act, making it premature to determine the legality of the detention based on the six-month rule.4. Entitlement to Provisional Release:The petitioner requests provisional release of the goods, arguing that the continued detention is causing financial hardship and damage to the goods. The respondent, however, insists that the goods cannot be released without proper inspection and compliance with all regulatory requirements. The Court emphasizes the need for inspection and certification by authorized agencies before any decision on provisional release can be made.Judgment:The Court directs the petitioner to request the respondent or the competent authority to inspect the imported goods and obtain the necessary reports or certificates within two weeks. The respondent is then required to determine whether the goods fall under the 'restricted' or 'prohibited' category and outline any compliance obligations for customs clearance. This entire process must be completed within four weeks to prevent the misuse of India as a dumping ground for prohibited goods and to avoid unnecessary detention of 'restricted' goods. The same terms and conditions apply to W.P.(C) No.10366 of 2019.
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