Sai Baba Business Solutions Rep. By its Partner v. Commissioner of Customs (Seaport-Imports)
2012-08-22
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that this Court had passed an order, dated 27.02.2012, in a batch of writ petitions, in W.P.No.21732 of 2011, etc., (batch), dealing with similar issues, as in the present case, and had ordered the release of the goods in question. 3. Elaborate arguments had been made on behalf of the parties concerned and a detailed order had been passed by this Court, on 27.02.2012, while directing the release of the Digital Multifunction Print and Copying machines, stating that they are not in the restricted category. Hence, they would not fall under the category of 'Hazardous Waste', as per Rule 3(1)(iii) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008. Therefore, this Court had passed the order, dated 27.02.2012, directing the release of the goods, within the time limit specified therein. Paragraph 28 of the said order reads as follows: "28 In respect of cases relating to which the authorised chartered engineers had not inspected the goods in question, the Customs authorities concerned shall direct the inspection of such goods before they are released. Such goods may be directed to be released, on payment of the appropriate customs duty and on the fulfilment of the conditions prescribed by law. It is made clear that it would be open to the petitioners to make the necessary requests, to the respondents, as per Regulation 6 of the Handling of Cargo in Customs Area Regulations, 2009, for the waiver of the detention and demurrage charges, if any. On completion of the inspection, the respondents shall release the goods, as expeditiously as possible, not later than ten days, thereafter." 4. In view of the order of this Court, dated 27.02.2012, made in W.P.No.21732 of 2011 etc. (batch), and in view of the subsequent order of this Court, dated 11.7.2012 made in W.P.Nos.13050 of 2012 etc. (batch) and the order, dated 3.8.2012, made in W.P.No.21340 of 2012, the writ petition is ordered directing the respondents to release the goods in question, on similar terms, as stated in paragraph 28 of the order, dated 27.2.2012, made in W.P.No.21732 of 2011 etc. (batch), as expeditiously as possible. No costs. Connected miscellaneous petition is closed.