J. Chelameswar, C.J.

1. The instant appeal is filed aggrieved by the interim order dated 1st December, 2010 in WP(C).The respondents in the above mentioned Writ Petition are the appellants herein. The writ petitioner/sole respondent herein imported certain goods i.e., old and used digital multifunctional printers and presented three bills of entry for home consumption marked as Ext. P1 to P3 in the Writ Petition, on payment of appropriate customs duty on the imported materials. The appellants have not permitted the respondent to clear the goods. The stand of the appellants is that under the rules known as Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 framed pursuant to the powers conferred on the Government of India under the various provisions of the Environment (Protection) Act, 1986,The goods imported by the respondent are suspected to be hazardous wastes falling under the Entry A- 11801 of Part A and Entry B-11101of Part B of III Schedule appended to the above mentioned Rules.

[(1) EntryA-1180

A 1180 Waste Electrical and electronic assembles or scrap containing, components such as accumulators and other batteries included on list A, mercury-switches, activated glass cullets from cathode-ray tubes and other activated glass and PCB-capacitors, or contaminated with Schedule 2 constituents (e.g. cadmium, mercury, lead, polycholorinated biphenyl) to an extent that they exhibit hazard characteristics indicated in Part C of this Schedule (refer B1110)

(1) Entry B-1110

B1110 Electrical and electronic assemblies;

-Electronic assemblies consisting only of metal or alloys

-Waste electrical and electronic assemblies scrap (including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury -switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors or not contaminated with constituents such as cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein

-Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse and not for recycling or final disposal.]

2. The expression 'hazardous wastes' is defined under Rule 3(l) of the Hazardous wastes (Management, Handling and Transboundary Movement) Rules 2008,as follows:

"hazardous waste' means any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or in likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include"

(i) waste specified under column (3) of Schedule I,

(ii) wastes having constituents specified in Schedule II, if their concentration is equal to or morethan the limit indicated in the said Schedule, and

(iii) wastes specified in Part A or Part B of the Schedule III in respect of import or export of such wastes in accordance with rules12, 13 and 14 or the wastes other than those specified in Part A or Part B if they possess any of the hazardous characteristics specified in Part C of that Schedule."

3. It can be seen from the above definition that the relevant factors for determination of for determination of a particular waste as hazardous waste are the physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics which cause danger or likely to cause danger to the health or environment.

4. The above mentioned two entries of III Schedule appended to the rules indicate that certain electrical and electronic assemblies are likely to be classified as 'hazardous wastes' under thesaid Rules. A reading of the entries makes it clear that such a classification, (either the waste electric or electronic assemblies to be called as hazardous waste) depends upon the exis