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Issues: (i) Whether the writ appeal and connected writ petitions were maintainable after the appellant had consented to the course adopted by the single judge and to abide by the expert report; (ii) Whether the cargo was hazardous municipal waste and whether the appellant was liable as importer to re-export it at its own cost.
Issue (i): Whether the writ appeal and connected writ petitions were maintainable after the appellant had consented to the course adopted by the single judge and to abide by the expert report.
Analysis: The appellant had agreed before the single judge to examination of the cargo by the expert body and to act upon its report. Pursuant to that consent, the cargo was examined and the expert body recommended re-export. A party that has invited or consented to a procedure cannot later resile from it and challenge the resultant order on maintainability grounds.
Conclusion: The challenge on maintainability failed and the proceedings were held not maintainable against the consent order.
Issue (ii): Whether the cargo was hazardous municipal waste and whether the appellant was liable as importer to re-export it at its own cost.
Analysis: The materials, including the customs examination and the pollution control reports, showed that the consignment was mixed with municipal waste and contaminating material, and was not mere waste paper. The definitions of import and importer under the Customs Act and the Hazardous Wastes Rules were applied to hold that the appellant was the importer for legal purposes. The statutory scheme governing hazardous waste and port/customs disposal did not permit local disposal of such consignments, and the proper course was re-export to the country of origin at the appellant's cost.
Conclusion: The cargo was treated as hazardous municipal waste, the appellant was held to be the importer, and the direction to re-export at its cost was upheld.
Final Conclusion: The common judgment sustained the expert determination and the consequential customs direction, rejected the appellant's challenge, and confirmed that the consignment could not be dealt with as ordinary cargo in India.
Ratio Decidendi: A party that consents to an expert determination is bound by the result, and a consignment found to be hazardous municipal waste must be treated under the hazardous waste regime and re-exported rather than locally disposed of.
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