TMI Blog2001 (12) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... d bill. 2.However, in order to ascertain whether goods in question were of hazardous nature, separate laboratory tests by three separate agencies namely Central Revenue Control Laboratory, AES Testing Research Laboratory and Indian Institute of Technology were ordered. 3.Vide report dated 16-11-2000, following observations were made by AES Testing Research Laboratories :- "The oil sample has also been tested for other contaminates as specified in report to determine, if it is hazardous in nature. The other contaminates have been found to be present in oil sample but their values are well within the limits specified for hazardous waste by MOF Circular No. 60/97-Cus., dated 12-11-97. From the analysis results it appears that oil i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to off specification product because they contain several contaminers. 7.The third agency i.e. Indian Institute of Technology, Delhi gave the report which is as under :- "The level of polyaromatic Hydrocarbon is definitely higher than the acceptable limit. Physical Appearance The oils are exceptionally sticky even on very smooth glass surfaces. Water said to be present in these samples is not separable. The samples are not homogenous. The results are averages of three estimates. The higher Polyaromatic Hydrocarbon contents suggest that these oils have probably been used as coolant. This is corroborated by various metal contents also." 8.However, defendant Nos. 1 and 2/respondent did not comply with the order dated 31-8-2000 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by this Court in that regard." 9.As is apparent from the aforesaid facts and circumstances, the authorities i.e. defendant Nos. 1 and 2 by virtue of the order of the Supreme Court were not obliged to release the goods which are hazardous in nature. 10.Learned Counsel for defendant/respondent has referred to rules known as Hazardous Waste (Management and Handling) Rules, 1989. Schedule I of Appendix II of these rules provides that the import of hazardous waste is permitted against a licence and only for the purpose of processing and reuse. Waste oil and oil emulsions have been categorised as hazardous in sub-clause (j) of Clause 2 of the rules whereas off specification and discarded products have been categorised as hazardous waste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l which is off specification and has waste material does come within the category of hazardous waste. The contention of the learned Counsel for the petitioner that even if the goods are hazardous waste and contain several contaminers, it is the problem of the buyer and not of defendant Nos. 1 and 2 has no substance whatsoever and does not hold any water. There was specific observation of the Supreme Court in the aforesaid order that no authority shall release hazardous waste or hazardous articles having been imported in India. 14.It is apparent from the aforesaid conspectus facts and circumstances that defendant Nos. 1 and 2/respondent had neither intentionally nor deliberately disobeyed the orders of the Court. They have rather brought i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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