Gujarat High Court
Gaurav Lubricants Industries Private ... vs Union Of India on 17 September, 2018
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/SCA/13267/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13267 of 2018
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GAURAV LUBRICANTS INDUSTRIES PRIVATE LIMITED
Versus
UNION OF INDIA
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Appearance:
MR DHAVAL SHAH(2354) for the PETITIONER(s) No. 1,2
MR PARTH DIVYESHWAR for the RESPONDENT(s) No. 1,2,3
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 4
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 17/09/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
1. Heard learned advocates for the parties.
2. This writ petition under Article 226 of the Constitution of India is filed by the petitioners challenging the action of the respondents of not releasing goods provisionally without permission/compliance of the conditions for transport/storage of hazardous cargo from the appropriate authority for compliance of norms prescribed under Hazardous & Other Waste (Management and Transboundary Movement) Rules, 2015 in view of stand of the petitioners that no such permission is required as the materials imported do not form hazardous waste.
3. Upon issuance of the notice, Mr. Parth Divyeshwar, Page 1 of 3 C/SCA/13267/2018 ORDER learned Standing Counsel appears for the respondent authorities and would contend that conditions imposed by the respondent authorities cannot be said to be contrary to law namely either provisions of Customs Act or that of Hazardous & Other Waste (Management and Transboundary Movement) Rules, 2015 framed under the Environmental Protection Act, 1986. By inviting our attention to communication dated 12.02.2018, it is submitted by learned Standing Counsel that request of the petitioners was to be considered upon execution of bond for full value of goods and on submission of bank guarantee/security of Rs.9 lakhs but also required permission with regard to transport/storage of hazardous cargo from the appropriate authority under the Rules, 2015.
4. Various contentions are raised in the backdrop of submissions and grounds of challenge in the petition and even our attention is drawn to Circular No. 30/2017-Cus. dated 18- Jul-2017 which contains guidelines for retesting samples etc. issued by Ministry of Finance (Department of Revenue), Central Board of Excise & Customs, New Delhi. But the issue according to us, at this stage, is in a narrow compass since show cause notice issued on 13.04.2018 by Additional Commissioner, Customs, Ahmedabad wherein subject matter of seizure of goods, whether likely to be confiscated etc upon giving reasonable opportunity to the petitioner etc is pending. In addition to above, it is not in dispute that the sample received from the Headquarter vide letter dated 04.04.2018 granting permission for forwarding the sample to CRCL, New Delhi was finally sealed and forwarded on 18.04.2018 and it was found in a leaked condition, duplicate sample was also forwarded to CRCL, New Delhi on 29.06.2018 and outcome of Page 2 of 3 C/SCA/13267/2018 ORDER which is awaited.
5. Without commenting upon the merit of the subject writ petition and in view of willingness on the part of the petitioners to furnish full bank guarantee towards security for the amount of Rs.9 lakhs for releasing goods provisionally, we are inclined to direct respondent authorities to release the seized goods of subject matter upon petitioner furnishing the bank guarantee within 7 days from today subject to adjudication qua the notice dated 13.04.2018 and also outcome of the sample testing report by CRCL, New Delhi.
6. With the above direction, at this stage, we are inclined to dispose of this writ petition. Notice is discharged. Direct service is permitted.
(ANANT S. DAVE, J) (BIREN VAISHNAV, J) DIVYA Page 3 of 3