ORDER WRIT PETITION (C), NO. 657 OF 1995, SLP (C) NO. 16175 OF 1997 AND CA NO. 7660 OF 1997 1. IN REGARD TO PAYMENT, IN FUTURE THE COST OF INCINERATION IN TERMS OF THE ORDER DATED 5-1-20051 SHALL BE PAID BY BANK DRAFT IN FAVOUR OF THE COMMISSIONER OF CUSTOMS, JAWAHARLAL NEHRU PORT TRUST, NHAVA SHEVA. 2. TODAY AN AFFIDAVIT HAS BEEN FILED IN THE COURT BY THE ADDITIONAL DIRECTOR, MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAWAN, NEW DELHI REGARDING CHANGE OF MEMBER-SECRETARY OF THE MONITORING COMMITTEE CONSTITUTED BY THIS COURT VIDE ORDER DATED 14-10-20032 UNDER THE CHAIRMANSHIP OF DR. G. THYAGARAJAN AND DR. N.H. HOSABETTU, THE THEN DIRECTOR (HSMD)AS THE MEMBER-SECRETARY OF THE COMMITTEE. IT IS STATED IN THE AFORESAID AFFIDAVIT THAT DR. N.H. HOSABETTU HAS NOW BEEN ASSIGNED NEW RESPONSIBILITIES AND HAS BEEN POSTED AS DIRECTOR IN THE IMPACT ASSESSMENT DIVISION, THEREFORE, MR M. SUBBA RAO, ADDITIONAL DIRECTOR, HSM DIVISION, MINISTRY OF ENVIRONMENT AND FORESTS MAY BE PERMITTED TO ACT AS THE MEMBER SECRETARY OF THE MONITORING COMMITTEE INSTEAD OF DR. N.H. HOSABETTU. 3. WE PERMIT MR M. SUBBA RAO, ADDITIONAL DIRECTOR, HSM DIVISION, A MINISTRY OF ENVIRONMENT AND FORESTS TO ACT AS MEMBER-SECRETARY OF THE MONITORING COMMITTEE IN PLACE OF DR. N.H. HOSABETTU. 4. MR JOSEPH DOMINIC, WORKING AS CHIEF COMMISSIONER OF CUSTOMS, JAWAHARLAL NEHRU CUSTOMS HOUSE, ALONG WITH HIS AFFIDAVIT FILED ON 22-6-2005, PLACED ON RECORD THE DETAILS OF CONSIGNMENTS OF WHICH THE IMPORTERS HAVE NOT FILED BILLS. THE SAID DETAILS WERE FURNISHED TO THE B MONITORING COMMITTEE AS PER THE SAID AFFIDAVIT ALONG WITH LETTER DATED 17-2-2005. DETAILS OF ALL THE IMPORTERS COLLECTED FROM THE CUSTODIANS IS AS PER ANNEXURE B. IN THE LETTER DATED 17-2-2005 ADDRESSED BY THE COMMISSIONER OF CUSTOMS (I), JAWAHARLAL NEHRU CUSTOMS HOUSE TO THE MONITORING COMMITTEE, IT HAS BEEN INTER ALIA STATED THAT THE GOODS HAVE BEEN MIS-DECLARED WITH A VIEW TO CIRCUMVENT IMPORT TRADE CONTROL PROVISIONS. CONSEQUENTLY, THE SAME HAD BEEN RENDERED LIABLE FOR CONFISCATION UNDER THE PROVISIONS OF THE ACT WE FIND THAT SOME OF THE IMPORTS TOOK PLACE AS EARLY AS IN THE YEAR 1992. BE THAT AS IT MAY, WE DIRECT IMMEDIATE INITIATION OF CONFISCATION PROCEEDINGS IN ACCORDANCE WITH LAW AND ALSO IMMEDIATE CULMINATION THEREOF. 5. CONSEQUENTLY, THE SAME HAD BEEN RENDERED LIABLE FOR CONFISCATION UNDER THE PROVISIONS OF THE ACT WE FIND THAT SOME OF THE IMPORTS TOOK PLACE AS EARLY AS IN THE YEAR 1992. BE THAT AS IT MAY, WE DIRECT IMMEDIATE INITIATION OF CONFISCATION PROCEEDINGS IN ACCORDANCE WITH LAW AND ALSO IMMEDIATE CULMINATION THEREOF. 5. THE CHIEF COMMISSIONER OF CUSTOMS SHALL ALSO FILE AN AFFIDAVIT EXPLAINING IN DETAIL THE CIRCUMSTANCES UNDER WHICH THE GOODS IN QUESTION REMAINED UNATTENDED WITHOUT INITIATION OF ANY PROCEEDINGS FOR THE LAST SO MANY YEARS. AS PER THE DOCUMENTS NOW FILED, ABOUT 209 CONTAINERS FALL IN THIS CATEGORY. THE AFFIDAVIT SHALL ALSO PLACE ON RECORD THE ACTION, IF ANY, WHICH IS PROPOSED TO BE TAKEN IN CASE THE INACTION WAS THE RESULT OF SOME OF THE OFFICERS OF THE DEPARTMENT. THIS AFFIDAVIT SHALL BE FILED WITHIN A PERIOD OF TWO WEEKS. 6. LIST THE MATTERS AFTER TWO WEEKS. 7. HEARD MR RANJIT KUMAR, LEARNED SENIOR COUNSEL FOR THE APPLICANT. 8. THE INTERLOCUTORY APPLICATION IS DISMISSED. CONTEMPT PETITION 9. SOME OF THE PARTIES HAVE NOT BEEN SERVED. WE DIRECT THE CHIEF COMMISSIONER OF CUSTOMS, JAWAHARLAL NEHRU CUSTOMS HOUSE TO ENSURE THE SERVICE ON ALL THE UNSERVED PARTIES. FOR M/S SHIVAPRIYA OVERSEAS PVT. LTD., NEW DELHI AND M/S SHALIMAR CHEMICAL INDUSTRIES PRIVATE LTD., MUMBAI, THEIR RESPECTIVE LEARNED COUNSEL ACCEPT NOTICE. BOTH THE PARTIES SHALL FILE THEIR REPLIES WITHIN TWO WEEKS. ON BEHALF OF M/S SHIVAPRIYA OVERSEAS PVT. LTD., MR RANJIT KUMAR, LEARNED SENIOR COUNSEL, ON INSTRUCTIONS FROM MR DINESH CHANDRA, DIRECTOR OF THE COMPANY, WHO IS SAID TO BE PRESENT IN THE COURT, REQUESTED THAT THE COMPANY MAY BE GRANTED SIX MONTHS TIME TO MAKE THE PAYMENT ON AN UNDERTAKING BEING GIVEN TO THIS COURT FOR DUE PAYMENT DURING THE SAID PERIOD. LET THE SAID PARTY FILE REPLY ALONG WITH PROPER AFFIDAVIT AND STATE THEREIN WHAT IS REQUIRED TO BE SAID, INCLUDING THE ASPECT OF TIME TO MAKE PAYMENT. 10. LEARNED COUNSEL APPEARING ON BEHALF OF MIS VERSATILE EXPORT, MUMBAI, MIS GOYAL IMPEX, MUMBAI AND M/S INDOCHEM INDIA, MUMBAI ALSO ACCEPT NOTICE. 11. ONLY THREE PARTIES REMAIN TO BE SERVED IN THE CONTEMPT PETITION, NAMELY, (I) M/S PIONEER PETROCHEM PRODUCTS, MUMBAI, (II) M/S CENTRAL STEEL AND GENERAL INDUSTRIES, JAIPUR AND M/S VALLEY INTERNATIONAL (P) LTD., DELHI; THE CHIEF COMMISSIONER OF CUSTOMS WOULD ENSURE THEIR SERVICE. 12. LIST THE CONTEMPT PETITION AFTER TWO WEEKS.