2018 (8) TMI 1702

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....om M/s.Greenbird SARL, Reunion, France through Tuticorin Port. The customs broker M/s.Srimathi Cargo, Tuticorin had filed a Bill of Entry on 23.07.2014, for clearance of 85.840 M.Ts. of LMS valid at Rs. 17,53,476/- in five containers, which was, later on, sold on high sea sales basis to M/s.Vel Steels, who, in turn, sold the goods on high sea sales basis to the importer M/s.Sri Rengaraaj Steels, Karaikal. The goods were imported based on Pre- Inspection Certificate issued by the authorised ISO certified agency viz., M/s.Asia Globe Trade Ltd., Reunion, France. (b) As the materials were mixed with plastic waste, the Officers of the Customs at Tuticorin referred the matter to the Pollution Control Authority. The officials of the Pollution C....

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....manded back to the LAA to categorically state which provisions of Hazardous Waste Management Rules have been violated, and whether the plastic scrap is actually hazardous in consultation with the Pollution Control Authority. If it is opined by the PCB that the plastic scrap is not hazardous and is capable of being segregated, the same may be segregated and re-exported on payment of fine and penalty as deemed fit. Import of LMS not being prohibited / restricted may be cleared without fine and penalty on payment of applicable duty, if segregation is possible. However, if segregation is not possible the LAA may permit re-export of the complete consignment on payment of appropriate fine and penalty. Needless to say the cost of reexport will be ....

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.... regard, he has also given a representation dated 18.07.2018. But, till date no action is taken by the first respondent and hence, the petitioner is before this Court. 3. The learned counsel appearing for the petitioner would submit that even after the order passed by the second respondent, the first respondent is not releasing the containers of imported LMS lying at M/s.Sical Multimodal and Rail Transport Limited, GFS Division, Tuticorin and the representation given by the petitioner dated 18.07.2018, in this regard, has also not been considered by the first respondent. 4. The learned counsel appearing for the respondents on instructions submitted that the first respondent will consider the representation of the petitioner dated 18.0....