SRIKANT BAGLA Vs. COMMISSIONER OF CUSTOMS (PORT)

JUDGEMENT

(1.) Initially the writ petition was filed for an order to release goods under six consignments covered under the bills of entry on the plea that the Customs Authorities have arbitrarily and illegally detained the goods under the aforesaid consignments on the ground of the goods being hazardous and/or toxic. From the respective pleadings it is still uncertain whether the aforesaid goods covered under the said consignments are hazardous and/or toxic. The Customs Authorities have averred in the affidavit that steps were taken promptly for sending the sample to be tested whether the same is hazardous and/or toxic to the different laboratories and ultimately it is sent to Central Revenue Control Laboratory (C.R.C.L), New Delhi.

(2.) According to the learned Advocate appearing for the Customs Authorities the import of the hazardous and highly polluted goods may cause a tremendous risk to the environment and to human existence and the same cannot be allowed to be imported within the territory of the country as held by the Supreme Court in case of Research Foundation for Science and Technology & Natural Resources Policy versus Union of India, 2012 282 ELT 321 (SC).

(3.) The petitioner however says that while the matter was pending and because of the dormant and lethargic approach being shown by the Customs Authorities, the foreign exporters have agreed to take back those goods and have further agreed to pay voyage freight for the same. The petitioner, therefore, prays for modification of the relief because of the altered situation and the circumstances and seeks for an order for re-export of those goods to the foreign seller.