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TMI Blog2009 (3) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... he Customs Act, 1962 (for brevity, 'the Act') prays for quashing final order dated 18.7.2008 (A-12) passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for brevity, 'the Tribunal'). The Tribunal has found that hazardous waste material which is being imported into India is not permissible. There is categorical finding that on the request made by the appellant, samples ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to India. Thereafter the board issued a circular as per the directions given by the Hon'ble Supreme Court. As per the test reports the goods of hazardous waste and the import of the same is prohibited. In these circumstances, we find no merit in the contention of appellant for re-tested of the samples. The appeal is dismissed." Mr. Jagmohan Bansal, learned counsel for the appellant has rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... followed and binding under Article 141 of the Constitution. After noticing the statement made by the learned Additional Solicitor General that quantity of hazardous waste generated in the country each day is about two thousand tons, their Lordships' proceed to issue direction to ensure performance of duty by the State Governments and other public authorities like the Pollution Control Boards. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Central Government or by any order made by any court or any other authority. (3) With effect from today no import would be made or permitted by any authority or any person of any hazardous waste which is already banned under the Basel Convention or to be banned hereafter with effect from the date specified therein." Once the aforesaid directions have been issued in 1997, it would be an il ..... X X X X Extracts X X X X X X X X Extracts X X X X
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