UNION OF INDIA Vs. SHIVAM INTERNATIONAL

JUDGEMENT

(1.) The instant appeal is filed aggrieved by the interim order dated 1st December, 2010 in W.P. (C). The Respondents in the above mentioned Writ Petition are the Appellants herein. The writ Petitioner/sole Respondent herein imported certain goods i.e., old and used digital multi functional printers and presented three bills of entry for home consumption marked as Ext.P1 ' to P3 in the Writ Petition, on payment of appropriate customs duty on the imported materials. The Appellants have not permitted the Respondent to clear the goods. The stand of the Appellants is that under the rules known as Hazardous Wastes (Management, Handling and Transboundary Movement) Rules 2008 framed pursuant to the powers conferred on the Government of India under the various provisions of the Environment (Protection) Act, 1986, the goods imported by the Respondent are suspected to be hazardous wastes falling under the Entry A-1180* of Part A and Entry B- 1110* of Part B of III Schedule appended to the above mentioned Rules.

(2.) The expression 'hazardous wastes' is defined under Rule 3(l) of the Hazardous Wastes (Management, Handling and Transboundary Movement )Rules 2008, as follows:

(3.) It can be seen from the above definition that the relevant factors for determination of a particular waste as hazardous waste are the physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics which cause danger or likely to cause danger to the health or environment.