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2015 (7) TMI 1137 - CESTAT MUMBAI

2015 (7) TMI 1137 - CESTAT MUMBAI - TMI - Provisional release of imported goods - Rubber Processing Oil - analysis report of CRCL - analysis report of CSL - whether the goods imported by the appellant i.e. Rubber Processing Oil, (RPO), are hazardous or non-hazardous? - testing method adopted by CRCL not appropriate - Held that: - the samples be re-drawn and forwarded to any of the approved laboratory in Maharashtra. The sample which needs to be analyzed be drawn in the presence of both sides and .....

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with the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008. - Both sides at liberty to mention the matter before the regular Bench as and when the analysis report is received. Cost of analysis to be borne by applicants - application disposed off - decided in favor of applicant. - C/MA(ORS)93484 to 93486/2015-Mum. In C/86919, 86944,86917/2014-Mum. - M/2880-2882/15/CB - Dated:- 3-7-2015 - Mr. M.V. Ravindran, Member (Judicial) & Mr. P.S. Pruthi, Member (Technical .....

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ch were disposed by their Lordships on 13.4.2015 by an order as under:- Not on board. Taken on board. Heard the learned Senior Counsel appearing for the Petitioners. He seeks permission to withdraw these Petitions with liberty to prosecute the pending matters before the Appellate Tribunal. Accordingly, the Petitions are disposed of as withdrawn. It will be open for the Petitioners to rely upon the Test Report which is on record on these Petitions. All contentions on merits are kept open . 3. Con .....

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in Maharashtra who are capable would analyze the RPO. On such directions, list was given by Ministry of Environment and Forests and sample was tested in Ashwamedh Engineers & Consultants, Nashik. Reliance is placed on this report by the Ld. Counsel, to strongly submit that the goods imported by them i.e. RPO are not hazardous, while CRCL Director, goes on record that testing method adopted was erroneous. In order to get correct analytical report of the RPO, we deem it necessary that the sam .....

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