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2017 (4) TMI 83 - HC - CustomsWaste - Import of old and used tyres - Prohibited Goods or Restricted Goods? - classification of goods - Held that: - the role of Ministry of Environment, Forest and Climate Change is essentially for regulating, controlling and managing the Hazardous Wastes and its effect upon the environment in our country. The hazardous wastes presupposes the wastes and, therefore, it has required to be wastes and that to hazardous wastes. The goods in question cannot be said to be a waste in any manner, much less, any hazardous waste so as to attract the provision and attract the prohibition under the Rules. Moreover, the prima facie reading of the Entry No.B3140 also clearly goes to say that the tyres meant for direct reused cannot be exempted from the prior consent. The petitioner shall not clear any goods which are not reusable. Petition dismissed - decided against petitioner.
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