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TMI Blog2013 (2) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 1. These writ petitions raise identical issues therefore they are disposed of by a common order. The petitioners in both the cases have imported photocopiers machines. After clearance, the said photocopier machines were stored in their respective godowns. At that point of time seizures were made on 06.09.2010 and 16.09.2010 insofar as the petitioner (Vipin Chanana) is concerned. As regards Sanj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under clause (a) of section 124 within six months or within the further extended period of six months (totaling one year) of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized. 4. This point has been considered by a Division Bench of this court in the case of Jatin Ahuja v Union of India and Ors. WP(C) 2952/2012, decided on 04.09.2012, wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pect of the matter which needed consideration. He drew our attention to paragraphs 17/18 of the counter affidavits filed in the matters. In those paragraphs the plea has been raised that the goods can only be released provided the petitioners fulfill the requirements specified in chapter IV of the Hazardous Waste (Management, Handling and Trans-boundary) Rules, 2008 and the circular No. 27/2011 is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued much later on 04.07.2012. Therefore, the said circular would not apply to the facts of the present case, the goods having been cleared much prior to the issuance of the circular. 7. Consequently, we direct that the goods in question be returned to the petitioners unconditionally. Of course it is open to the respondent to issue show cause notices to the petitioners and to proceed in accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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