1996 (4) TMI 265

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....s imported used lubricating oil and sought clearances as an OGL Item, they did not have any import licence. The department, objected to the clearance on the ground that the said goods were hazardous waste as laid down in Para 156 (H) Entry No. 8 of EXIM Policy, 1992-97 (as modified upto 31-3-1995). The objection was also raised that the import was not valid vide Para 5 of the said Policy Book, as the Shipment of the goods had taken place on 10-4-1995 and 11-4-1995 and that there was no confirmed contract entered into before the import of hazardous wastes was prohibited by an amendment dated 31-3-1995. The appellants pleaded that this was not the hazardous waste and was no covered under the prohibition and also pleaded that contract was ente....

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.... have been prohibited. He has also referred to the literature submitted by American with Canadian Institutions to the effect that used oil would not fall within the category of Hazardous Waste. On the other point the ld. Advocate has submitted that a confirmed contract was already entered into as early as on 20-3-1995 and hence, they were protected by the [transitory] provisions incorporated in Para 5 of the Policy Book. 3. Shri K.M. Mondal, the ld. SDR however has submitted that going by the provisions of Hazardous Waste (Management and Handling) Rules, 1989, Waste Oil and Oil Emulsions have been taken as Hazardous Waste. Referring to the Invoice and the Bill of Entry, he submits that what is imported is Waste Oil. He also submits ....

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....ic analysis of the goods. The goods have already been removed for home consumption, and now it is not possible to analyse the same. Report of the analysis conducted by Punjab Test House is in relation to the import by some other persons and in absence of any positive evidence, it cannot be held that the composition of the used oil imported by that party was identical to the one imported by the present appellant. The said test report therefore does not help the appellants in establishing that the oil imported by them is not Hazardous Waste. 5. Under these circumstances it is not possible to accept the contention raised by the appellants as to the oil imported being not covered under the prohibited entry in the Policy. 6. The ....