Confiscation of vehicles involved in illegal bio-medical waste transportation is essential for effective enforcement of the Bio-Medical Waste Management Rules and to deter future offenses.

ORDER :

B.Pugalendhi, J.

Crl.OP(MD)No.6486 of 2024:-

This petition is filed by one Shibu as against the order passed by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, in Crl.RC.No.1 of 2024 dated 27.01.2024, confirming the order passed by the learned Judicial Magistrate No.I, Kuzhithurai, in Crl.MP.No.10987 of 2023 dated 05.10.2023.

2.The facts of the case is that the petitioner is the owner of the vehicle bearing Reg.No.KL-21-R-6388. On 17.09.2023, the vehicle was seized by the respondent Police for its involvement in illegal transportation of medical waste. In this connection, a case was registered as against the Driver of the vehicle in Crime No.154 of 2023. Vide the orders impugned, the petitioner's request for interim custody of the vehicle was rejected.

3.This petition is filed by one Velmurugan as against the FIR pending in Crime No.29 of 2022 on the file of the first respondent Police.

4.The facts of the case is that on the information given by the second respondent / defacto complainant, who is working as the Health Inspector at Sundareshapuram Government Primary Health Centre, that plastic and medical wastes were dumped by the accused in the place belonging to the Railway Department through Lorries bearing Reg.Nos.TN-76-W-8844 & TN-76-W-8915, the first respondent has registered the case.

5.Since both the original petitions pertain to transportation and dumping of wastes, viz., bio-medical waste, plastic waste, etc., these petitions have been tagged and heard together.

6.Biomedical waste mismanagement is not just an environmental issue; it is a serious threat to human survival. Bio-medical waste must be properly managed and disposed of to protect the environment as well as the general public, who are at the risk of exposure to such waste. Considering the health hazard posed by the improper management of bio- medical waste, the Bio-Medical Waste Management Rules, 2016, was introduced, with an object to segregate, transport, treat and dispose the wastes correctly, so as to protect the environment and to stop the spreading of diseases due to improper management of bio-medical wastes, like dumping it in the open place, etc.

7.Bio-Medical Waste Management Rules, 2016, prescribes a detailed procedure for disposal and management of bio-medical waste. The Rule prohibits transportation of bio-medical waste beyond 75 kms from the Hospital. In fact, untreated bio-medical waste shall not be kept stored beyond a period of 48 hours. While so, transporting the same illegally has to be viewed very seriously. Therefore, this Court is not inclined to interfere with the orders impugned in Crl.OP(MD)No.6486 of 2024. Accordingly, the criminal original petition in Crl.OP(MD)No.6486 of 2024 stands dismissed.

8.During the course of arguments, the learned Counsel for the petitioner in Crl.OP(MD)No.10056 of 2024 has filed a memo seeking permission to withdraw the original petition. Accordingly, the criminal original petition in Crl.OP(MD)No.10056 of 2024 stands dismissed as withdrawn.

9.Though the Rule is very much in vogue, there are frequent transportations of medical wastes into the State of Tamil Nadu, from the neighboring States, particularly, State of Kerala. Therefore, this Court is inclined to dwell into this issue.

10.A Division Bench of this Court took cognizance of the issue in a public interest litigation in S.Chidambaram v. Chief Secretary to Government of Tamil Nadu and Others [WP(MD)No.24286 of 2018] and has disposed of the said writ petition on 08.01.2019 in the following terms:-

“6.The Bio Medical Waste (Management and Handling) Rules clearly stipulates the method and manner by which the bio medical waste shoul