Calcutta High Court (Appellete Side)
Surabhi Enterprises Pvt. Ltd vs Commissioner Of Customs (Port) & Ors on 24 December, 2013
Author: Harish Tandon
Bench: Harish Tandon
1
26 24.12.13 W.P. 37914 (W) of 2013
akd
Surabhi Enterprises Pvt. Ltd.
vs
Commissioner of Customs (Port) & Ors.
--------
Mr. Sudhir Kr. Mehta.
... for the petitioner.
Mr. N. C. Bihani.
... for the PCB Mr. S. B. Saraf.
... for the Customs The sole grievance raised in this writ petition is that the authorities have not adhered to the prayer made by the writ petitioner to send the sample to another laboratory than Central Revenue Control Laboratory (CRCL).
According to the petitioner, the said CRCL has no infrastructure as well as competence to undertake the testing whether the sample is hazardous or toxic.
The respondent authorities dispute the aforesaid contention.
According to the respondent, the CRCL is a competent laboratory and have in fact tested the sample and found that the goods imported by the petitioner comes within the periphery of the hazardous waste.
The petitioner has annexed a certificate issued by the laboratory situated at the consignor's country relating to the said goods, which certifies that the said goods are not hazardous or toxic.
Since two conflict reports have come up, this Court feels that the respondent authorities should take out another sample and shall send the same to a third laboratory or to any other laboratory set up by the Central Government under Section 12 of the Environment (Protection) Act, 1986 having infrastructure to undertake the testing of the material whether the same is hazardous or toxic.
The respondent authorities are, therefore, directed to collect a sample from the consignment in presence of the petitioner or its authorized representative within a week from date. The 2 respondent authorities shall send the said sample to the laboratory as indicated hereinabove and shall intimate the petitioner the cost incurred for such test, which shall be reimbursed by the petitioner within three days from the date when the same is intimated. The authorities shall make all efforts to obtain the certificate from the laboratory within four weeks from the date of dispatch of the sample.
On the above findings, the writ petition is disposed of.
There will be no order as to costs.
(HARISH TANDON, J.)