LAWS(SC)-2012-12-96

COMMISSIONER OF CUSTOMS Vs. MAGUS METALS P. LTD.

Decided On December 10, 2012
COMMISSIONER OF CUSTOMS Appellant
V/S
Magus Metals P. Ltd. Respondents

JUDGEMENT

(1.) IA No. 3 of 2012, has been filed in Civil Appeal No. 5720 of 2008, inter alia, for a direction upon the Commissioner of Customs, Hyderabad, the Appellant herein, to release the seized 96.74 Metric Tonnes of Copper Concentrate to the Respondents, so that the same could be processed and disposed of by them in accordance with the Hazardous Wastes (Maintenance and Handling) Rules, 1989.

(2.) THE goods had been detained by the Customs Authorities mainly on account of their alleged hazardous qualities. On appeal to the Tribunal, the detention of the goods on the aforesaid ground was held to be erroneous and it was directed that the goods could be released treating them as Copper Concentrate.

(3.) MS . Garima Prashad, Learned Counsel appearing for the Respondents, submits on behalf of the Respondents that they undertake to abide by the said provisions and, accordingly, to do whatever was necessary in terms of the said provisions of the goods to be cleared.