RESEARCH FOUNDATION FOR SCIENCE Vs. UNION OF INDIA

JUDGEMENT

(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 25.9.2003 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 year 2000 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 so 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 Committee 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 of 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 required 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.