Jyot Impex v. Customs Authorities

2. The reason for detention as given by the customs authority was that a clearance certificate from the Ministry of Environment and Forest was required which was not produced. However, the petitioners have indicated that the Delhi PoUution Control Committee has indicated that no such 'No Objection Certificate' is necessary in respect of import of usedtyres which are distinctand differentfrom waste tyres.

3. A similarissue hadcome up before this Court in the caseof oneof the petitioners herein i.e., Jyot Impex being W.P.(C) No.6773/2012 in which this Courtpassed an order on 19.10.2012 to the following effect: - "Issue notice. Mr. Aayush Saxena, Advocate accepts notice on behalf of respondent No. 1 & 5. Mr. Satish Kumar, Sr. Standing Counsel accepts notice on behalf of respondent No.2 to 4. The petitioner is aggrieved by inaction of the respondentcustoms authorities in permitting clearance of consignment of used tyres. It is submitted that even inspection note carried on by the customs authorities records that the consignment contained usedtyres; however, it imposed the condition of the importer having obtained from the Ministry of Environment and Foreststhe "no objection". Counsel for the petitioner relied upon letter dated 02.12.2011 issued by the Delhi Pollution Control % the concerned Deputy Commissioner to pass an appropriate orderhaving regard to all the circumstances particularly the letters and communications mentioned in the above order. The order shall be made as to the duty liability and as also as to the rules of consignment without having to pwait for any clarification from the Central Board of Excise and Customs. The order be passed by the concerned Deputy Commissioner within four weeks. With these directions, the writ petitions stand disposed of • JANUARY 29, 2013 hs BADAR DURREZ AHMED, J R.V.EASWAR, J