Sri Hari Agency, Rep. By its Proprietor v. Commissioner of Customs (Seaport-Imports)
2012-04-27
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. Since, the common issues involved in all the writ petitions are similar in nature, they have been taken up together and a common order is being passed. 2. Heard the learned counsels appearing on behalf of the petitioners, as well as the learned counsel appearing on behalf of the respondents. 3. It has been stated that the petitioners have been carrying on their business in second hand Digital Multifunction Print and Copying Machines and in second hand Photocopier Machines, as well as in accessories, parts and consumables for such machines. The petitioners had filed the bills of entry seeking clearance of the second hand capital goods and spares, under the free importability category, in terms of paragraph 2.17, read with paragraph 9.12 of the Foreign Trade Policy, and paragraph 2.33 of the Handbook of Procedures of 2009-14. 4. It has been further stated that some of the imported goods had been examined by the recognized chartered engineers, with regard to their valuation, quantity and the models of the imported machines, for the levying of customs duty. While so, the customs authorities concerned had insisted that the petitioners should produce the import licences, in respect of the goods concerned, stating that they are similar to second hand photo copier machines. As such, the respondents had decided to detain the goods in question. In such circumstances, the petitioners have filed the present writ petitions before this Court for the release of the goods. 5. The learned counsels appearing on behalf of the petitioners had submitted that the goods in question had been released, by way of interim orders passed by this Court, subject to certain conditions. The learned counsels appearing on behalf of the petitioners had also submitted that this Court had passed an order, dated 27.2.2012, in W.P.Nos.21732 of 2011 etc. (batch) holding that second hand Digital Multifunction Print and Copying Machines cannot be termed as `hazardous waste', as contented by the respondents therein. Further, it had also been held that the goods in question would not fall under the `restricted or prohibited category of goods’, as they had been imported under the freely importable category. No licence or permission is needed for such imports, as held by this Court in the said order. 6.
Further, it had also been held that the goods in question would not fall under the `restricted or prohibited category of goods’, as they had been imported under the freely importable category. No licence or permission is needed for such imports, as held by this Court in the said order. 6. Per contra, the learned counsel appearing on behalf of the respondents had submitted that the second hand Digital Multifunction Print and Copying Machines, imported by the petitioners, are restricted goods and therefore, import licences are required for the importing of such goods. Further, the clearance of the Ministry of Environment and Forests is also required for importing the goods. The goods in question would fall under the category of `Hazardous Waste', as per Rule 3(1)(iii) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, read with Basel No.B 1110 of part B of schedule III to the said Rules, 2008. 7. In view of the submissions made by the learned counsels appearing on behalf of the petitioners, as well as the respondents, and in view of the decision of this Court, dated 27.2.2012, in W.P.Nos.21732 of 2011 etc. (batch), and in view of the fact that the goods had already been released by way of the interim orders passed by this Court, it is found to be appropriate to direct the respondents to adjudicate the matter relating to the goods in question and to pass appropriate orders thereon, as expeditiously as possible. The petitioners shall co-operate, fully, in the adjudication process to be initiated by the respondents, in respect of the goods in question. Accordingly, the writ petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.