9911796707
TMI Blog2024 (10) TMI 1365X X X X Extracts X X X X X X X X Extracts X X X X ..... he holding/impounding/detaining of the rubber process oil stated to have been imported by the petitioner vide bill of entry no. 7699865 dated 15.12.2014 vide invoice no. EXP/INV/5774/14 dated 21.11.2014 and the direction to the respondents to release the said goods and also to pay the compensation. 2. The counsel for the petitioner stated that the petitioner had purchased/imported the rubber process oil vide invoice no. EXP/INV/5774/14 from UAE and after being purchased, it was imported in India as per the law of the land and the petitioner has prepaid of the required documents for imputing the same. The net weight of the goods i.e., the rubber process oil was 422.980 MT and gross weight of the goods imported along with the drums was 46348 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Department of Revenue, Ministry of Finance, Government of India. 6. The petitioner being aggrieved filed the present petition and made the following prayer: In view of the submissions made hereinabove in the present Writ Petition & facts and circumstances of the case it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:- a. Issue an appropriate writ by way of mandamus, order or directions to the respondent no. 1 and 2 to release the goods of the petitioner which was arbitrary, wrongful & illegal with holding/impounding/detaining of the petitioner's goods/containers of rubber process oil imported by the petitioner vide bill of enter no. 7699865 dated 15/12/2014 vide invoice no. exp/inv//5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y at petitioner level. Moreover, the claim of the petitioner made in the said petition that applicable Customs Duties have been paid by him on the impugned goods is completely incorrect as the said Bill of Entry is pending for assessment after first check and the duty is yet to be paid. That in reply to the content of para under reference it is submitted that the content of the corresponding para is wrong and the same is denied as incorrect. It is submitted that since the Test Report from the Govt. Laboratory is received, the petitioner did not apply for re-testing within the reasonable time after receipt of Test Reports on 23.12.2014 & 31.12.2014 as is evident from the letter dated 17.03.2015 of the petitioner which is after three months ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as waste constants in the sample is more than prescribed limit. Sealed remnant returned 12. Mr. Praveen Agarwal, the Counsel for the petitioner stated that the petitioner was never informed about the test report dated 31.12.2014 and due to this reason, he never had any opportunity to be supplied with the copy of the test report. But, when he came to know about the test report, he applied on two occasions i.e., on 13.01.2015 and on 17.03.2015. It is also stated that the sample was never re-tested. He further argued that on the earlier occasion, the petitioner had imported the rubber process oil which was never found falling under the category of Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008. Mr. Agarwal pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -time by the Ministry of Environment and Forests under Section 12 (1) (b) and Section 13 of the Environment (Protection) Act, 1986 (EPA) read with Rule 10 of the Environment (Protection) Rules, 1986. The labs notified by MoEF are authorised to test all kinds of samples of hazardous wastes. The details of these laboratories are available at the website of the Ministry at: http://envfor.nic.in/ 4. Accordingly; it is requested that the field formations may consider utilizing the services of these laboratories for getting the consignments of hazardous wastes and substances tested and seek assistance from SPCBs/PCCs in dealing with the Import/export consignments of hazardous wastes as and when required. 15. The record produced by Mr. Vaibhav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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