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2017 (2) TMI 11 - HC - CustomsRelease of seized goods - import of Multi-Functional Devices - whether MFDs would come within the category of "hazardous waste" or not? - Held that: - this Court is not inclined to release the goods placing reliance on the decisions cited. Especially since the original authority has not considered the issue and the impact of the declarations made by the different High Courts on the facts of the instant case. The issue cannot be dealt with on the basis of the provisions in the Customs Act alone. There are specific rules provided for import of hazardous waste and other wastes, which requires authorisation from authorities and import of second hand goods is specifically prohibited by the Foreign Trade Policy brought out by Government of India, Ministry of Commerce and Industry, Department of Commerce. In the context of what has been stated above by the Department, this Court is not inclined to grant an order for provisional release. The adjudicating authority would have to consider the issue and adjudicate on the same in a time bound manner.
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