ORDER 1. PRIMA FACIE FINDING THAT 15 IMPORTERS HAVE ILLEGALLY IMPORTED WASTE OIL IN 133 CONTAINERS IN THE GARB OF LUBRICATING OIL; THIS COURT BY ORDER DATED 25-9-20031 ISSUED NOTICES TO THE SAID IMPORTERS TO SHOW CAUSE WHY THE CONSIGNMENTS SHALL NOT BE ORDERED TO BE RE-EXPORTED OR DESTROYED AT THEIR COST AND WHY THE AMOUNT SPENT ON ANALYSIS IN THE LABORATORY BE NOT RECOVERED FROM THEM AND WHY THEY SHOULD NOT BE DIRECTED TO MAKE PAYMENT OF COMPENSATION ON POLLUTER-PAYS, PRINCIPLE AND OTHER ACTION TAKEN AGAINST THEM. PURSUANT TO THE SAID ORDER, MOST OF THE IMPORTERS AND OTHER PARTIES HAVE FILED AFFIDAVITS. DURING HEARING ON THIS ASPECT, ONE OF THE CONTENTIONS URGED ON BEHALF OF THE IMPORTERS WAS THAT IN RESPECT OF THE CONSIGNMENTS IN QUESTION, ADJUDICATION PROCEEDINGS ARE PENDING BEFORE THE COMMISSIONER, OF CUSTOMS, MUMBAI, AND THIS COURT MAY, THEREFORE, DEFER THE DECISION. STRICTLY SPEAKING, FOR THE PURPOSE OF PRESENT PROCEEDINGS, IT IS NOT NECESSARY TO AWAIT THE FINAL DECISION OF ADJUDICATION PROCEEDINGS, BUT WE FEEL THAT A REPORT FROM THE COMMISSIONER OF CUSTOMS MAY ASSIST THIS COURT IN DECIDING THE ASPECTS INDICATED IN THE ORDER DATED 25-9-2003. IN THIS VIEW, WE DIRECT THE COMMISSIONER OF CUSTOMS TO SEND A REPORT TO THIS COURT WITHIN A PERIOD OF THREE MONTHS ON THE QUESTIONS WHETHER THE CONSIGNMENTS IN ISSUE ARE WASTE OIL WITHIN THE MEANING OF THE TERM AS PER THE BASEL CONVENTION OR HAZARDOUS WASTE RULES, 1989, AS AMENDED IN THE YEAR2000 AND/OR AS AMENDED IN THE YEAR 2003, ALSO HAVING REGARD TO THE RELEVANT NOTIFICATIONS ISSUED ON THIS ASPECT. THE COMMISSIONER WOULD GIVE A REASONABLE OPPORTUNITY TO THE IMPORTERS TO PUT FORTH THEIR VIEWPOINT BEFORE HIM. 2. FURTHER, THE IMPORTERS WOULD BE PERMITTED TO RE-EXPORT IN ACCORDANCE WITH LAW THE CONSIGNMENTS IN QUESTION, IF NO DESIRED, WITHOUT PREJUDICE TO RIGHTS AND CONTENTIONS OF THE PARTIES. BEFORE RE-EXPORT THE SAMPLES OF THE CONSIGNMENTS WOULD BE RETAINED BY THE COMMISSIONER OF CUSTOMS. IN TERMS OF THE ORDER DATED 14-10-2003, A MONITORING COMMITTED WAS CONSTITUTED SO AS TO OVERSEE THAT THE DIRECTIONS OF THIS COURT ARE IMPLEMENTED TIMELY. THE SAID MONITORING COMMITTEE SHALL BE ASSOCIATED BY THE COMMISSIONER CUSTOMS WHILE EXAMINING THE MATTER IN TERMS OF THIS ORDER. 3. THE MONITORING COMMITTEE SHALL ALSO BE ASSOCIATED WITH THE RE-EXPORT. IN TERMS OF THE ORDER DATED 14-10-2003, A MONITORING COMMITTED WAS CONSTITUTED SO AS TO OVERSEE THAT THE DIRECTIONS OF THIS COURT ARE IMPLEMENTED TIMELY. THE SAID MONITORING COMMITTEE SHALL BE ASSOCIATED BY THE COMMISSIONER CUSTOMS WHILE EXAMINING THE MATTER IN TERMS OF THIS ORDER. 3. THE MONITORING COMMITTEE SHALL ALSO BE ASSOCIATED WITH THE RE-EXPORT. THE QUESTION WHETHER ANY FURTHER TESTING IS REQUITED, TO BE DONE AS CLAIMED BY THE IMPORTERS WOULD BE DECIDED BY THE COMMISSIONER; IN CONSULTATION WITH THE MONITORING "COMMITTEE. IN CASE OF RE-EXPORT THE DOCUMENT SHOWING THAT THE CONSIGNMENT HAS BEEN RECEIVED BY THE ORIGINAL EXPORTER SHALL BE HANDED OVER TO THE MONITORING COMMITTEE. 4. THE CHIEF COMMISSIONER OF CUSTOMS IS DIRECTED TO NOMINATE ONE COMMISSIONER OF CUSTOMS TO DECIDE ALL THESE CASES. THE IMPORTERS ARE DIRECTED TO APPEAR, FOR PRESENT, BEFORE THE COMMISSIONER OF CUSTOMS (ADJUDICATION) ON 22-3-2004 WHO. WOULD GIVE FURTHER DIRECTIONS AS TO THE OFFICER BEFORE WHOM THE PARTIES MAY HAVE TO APPEAR. LIST THE MATTER FOR FURTHER DIRECTIONS IN JULY 2004 AFTER REOPENING. 6. THE MONITORING COMMITTEE CONSTITUTED TO OVERSEE THE IMPLEMENTATION OF THE DIRECTIONS CONTAINED IN THE ORDER DATED 14-10-20032, HAS FILED FIRST QUARTERLY REPORT (OCTOBER 2003 TO JANUARY 2004). MR SANJAY PARIKH, ON BEHALF OF THE PETITIONER, HAS FILED COMMENTS OF THE PETITIONER TO THE SAID REPORT. THE COMMENTS ARE IN THE FORMAT IN WHICH THE DIRECTIONS IN THE MAIN ORDER FOR COMPLIANCE WITHIN THE FIXED TIME WERE ISSUED. THE MONITORING COMMITTEE, WHILE SUBMITTING THE SECOND REPORT; SHALL TAKE INTO ACCOUNT WHAT HAS BEEN STATED IN THE COMMENTS OF THE PETITIONER. THE COMMITTEE IS REQUESTED TO C HENCEFORTH FILE THEIR REPORTS HAVING REGARD TO THE FORMAT IN WHICH THE PETITIONER HAS FILED ITS COMMENTS. 7. LIST THE MATTER AFTER RECEIPT OF THE SECOND REPORT. COURT MASTERS