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2020 (12) TMI 477 - HC - CustomsPermission for clearance of light melting scrap - permission to dispose the plastic cans, PET bottles to the plastic recycling Industrial Units after segregating the same from the light melting scrap imported - it is contended that the PET bottles if allowed to be retained in India, it will cause pollution - case of respondent is that respondents cannot grant permission for the petitioner to dispose of the PET bottles which is a banned imported item to be disposed of in India - HELD THAT:- The relief sought for in this writ petition cannot be granted by this Court as he seeks for a positive direction. It is for the respondent to consider the request of the petitioner to segregate the PET bottles from light melting scrap, which was imported by the petitioner under bill of entry No.6208313 dated 23.07.2014. No prejudice will be caused to the respondents, if the petitioner's representations dated 25.08.2014 & 15.09.2014 is considered by them on merits and in accordance with law. This Court directs the second respondent to consider the petitioner's representations dated 25.08.2014 & 15.09.2014 is seeking permission to segregate the PET bottles from the light melting scrap and also seeking permission to dispose of the PET bottles in India itself instead of re-exporting the same to the country of origin and pass final orders on merits and in accordance with law - Petition disposed off.
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