Customs cannot Insist on Environment Ministry Clearance for Importing Used Multifunction Printers: Madras HC [Read Order]
The Madras High Court held that Rule 13(2) of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 bars prior MoEF clearance.
The Madras High Court recently held that the Customs cannot insist on prior clearance from the Ministry of Environment, Forest and Climate Change (MoEF) for the import of used Digital Multifunction Print & Copy Machines (MFDs) that are covered under Part D of Schedule III of the of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (HOW Rules) and directed provisional release of the seized consignment.
A petition was filed before the Madras High Court by M/s Maruti Enterprises seeking provisional release under Section 110A of the Customs Act of 106 units of second-hand MFDs that were imported with requisite Bill of Entry.
The consignments were examined and appraised by a DGFT-approved Chartered Engineer, M/s Supreme Techno Associates Pvt. Ltd., which duly issued a report on the examination.
However, the Customs detained the goods and initiated proceedings, despite a report from the DGFT-approved chartered engineer which was given to the customs officer in-charge as well.
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Vaibhav R. Venkatesh appeared for the petitioner and raised the grievance that the respondents proceeded to forfeit those goods in spite of the report of the approved Chartered Engineer.
Standing Counsel M. Santhanaraman represented the respondents.
The Bench of Justice N. Anand Venkatesh observed that the matter had attained finality in the Madras High Court’s earlier ruling in Taanish Enterprises Vs. The Commissioner Of Customs (Chennai Ii) Imports & Ors in W.P. No. 29418 of 2024 where the legal framework under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (HOW Rules) was referenced.
The Court noted that Rule 13(2) of the HOW Rules expressly provides that importers of wastes listed in Part D of Schedule III are not required to obtain prior permission from the MoEF and are only required to file the documents enumerated in Schedule VIII to the Customs at the time of import.
Noting that the petitioner had fulfilled all statutory requirements for the import of the MFDs, the High Court directed that the Customs to provisionally release the seized MFDs by imposing conditions that they deem fit.
The High Court however clarified that the provisional release of the goods is subject to the final adjudication made by the Customs and such provisional release does not bar the Customs from reversing its decision in the final adjudication by passing appropriate orders as per the Customs Act.
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