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2015 (7) TMI 1417 - HC - CustomsImport of used tyres - hazardous waste - confiscation - HELD THAT:- Reliance placed in the case of COMMISSIONER OF CUSTOMS (IMPORTS), CHENNAI VERSUS VS. GOVINDAN [2013 (2) TMI 638 - MADRAS HIGH COURT] where it was held that as per the United Nations Environmental Programme vis-à-vis Basel Convention regarding Pneumatic tyres, the lifetime of an original tyre casing must not exceed seven years. Having perused the provisions of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 and more particularly definition of clause ‘hazardous waste’ and provisions of Rules, 12, 13, 16 and 23 of the said Rules along with Part B of Schedule III of the said Rules, it is held that the responsible authority / officer of Respondent No.2, Ministry of Environment and Forests, through Joint Director, HSM Division, 2nd Floor, Jal Block, Indira Paryavaran Bhavan, Jor Bagh Road, Aliganj, New Delhi-110003 shall visit the place where the goods in dispute i.e. waste pneumatic tyres are lying. Such Officer should be an expert who possesses the expertise to give the opinion about the quality of the pneumatic tyres. Such Officer shall give a detailed report with regard waste pneumatic tyres and shall specifically opine whether aforesaid pneumatic tyres are reusuable, retreadable, etc. as provided at entry No.B3140 of Part B of Schedule III to the Hazardous Waste (Management, Handling and Disposal) Rules, 2008. Petition disposed off.
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