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2011 (10) TMI 22 - HC - CustomsPrescription of a distance to be maintained between general cargo and hazardous cargo at Container Freight Stations or, as the case may be, Inland Container Depots. - The Commissioner of Customs is an authority which is vested with the jurisdiction and obligation to take such a decision under the Regulations of 2009. Unless there is something arbitrary, the Court would not be inclined to interfere. - since a process of reexamination has been initiated by the Central Board of Excise and Customs, if the Competent Authority in that regard is left to take a considered decision after considering all the requisite facets of the case. We accordingly would expect that the concerned Ministries of the Union Government which are seized of the issue namely, the Union Ministry of Finance (Department of Revenue), the Union Ministry of Environment and Forests and the Union Ministry of Shipping will undertake a collaborative exercise and arrive at a decision, based on the views of experts and the need to maintain safety and security.
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