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Madras High Court
Satheesh T R vs The Additional Commissioner Of Customs ... on 30 April, 2026
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P. No.49503 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-04-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P. No.49503 of 2025
Shri.Satheesh T R,
Proprietor of M/s.Aadhyas Nutrition and Feeds,
No.369/B and 110/3, Gerupalya Village,
Kumbalgodu Industrial Area,
Bangalore -560 074.
..Petitioner
Vs
1.The Additional Commissioner of Customs
(Group 1),
Chennai Import Commissionerate,
Custom House, No.60, Rajaji Salai,
Chennai-600 001.
2.The Chemical Examiner-I,
Central Revenues Control Laboratory,
Hillside Road, Pusa,
New Delhi-110 012.
3.The Government of India,
Ministry of Environment, Forest and Climate
Change,
Represented by its Secretary,
Indira Paryavaran Bhawan,
Jor Bagh Road,
New Delhi-110003.
R3 impleaded vide order dated 30.04.2026
by MSQJ
..Respondents
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W.P. No.49503 of 2025
For Petitioner : Mr.Hari Radhakrishnan
For Respondents : Mr.S.R.Sundar
Senior Panel Counsel
for R1
Mr.V.Chandrasekaran
Senior Panel Counsel
for impleaded party/third respondent
ORDER
The present writ petition has been filed challenging impugned order in
original dated 03.12.2025 passed by first respondent and to direct first
respondent to permit clearance of goods covered by bill of entry Nos.4202086
dated 26.06.2024, 4202219 dated 26.06.2024 and 4202274 dated 26.06.2024.
2. Petitioner had imported goods described as ‘agriculture rejected nut
pieces residues & waste (a kind used in animal feed unfit for human
consumption)’ vide subject bill of entries. Samples were drawn from the
imported consignments and sent to Indian Council for Agricultural Research
(ICAR)- Directorate of Cashew Research (DCR) under Test Memo
No.CUS/ECFS/MISC/243/2024. The ICAR-DCR vide letter dated 18.09.2024
reported that goods were cashew kernels contaminated with pathogens and not
fit for human consumption. On the basis of the above communication, first
respondent issued a show cause notice dated 07.10.2024 treating the imported
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goods as hazardous waste falling under Part C of Schedule III of the Hazardous
Waste Rules. In the meanwhile, respondent also informed petitioner that the
samples drawn have also been sent to CRCL, New Delhi. The report from
CRCL, New Delhi was to the contrary inasmuch as it found that the goods
imported were not hazardous waste and also confirmed that the imported goods
were in fact suitable as animal feed. There are thus two contradictory test
reports one by CRCL and the other by ICAR-DCR.
3. The question appears to revolve around whether these are hazardous
waste. In this regard, it may be relevant to note that there is a Rule viz.,
Hazardous and Other Wastes (Management and Transboundary Movement)
Rules, 2015, dated 04.04.2016 issued by the Government of India, Ministry of
Environment, Forest and Climate Change.
4. It is submitted by both learned counsel for petitioner as well as
respondents that a decision as to whether the goods imported would constitute
hazardous waste may have to be determined in terms of the above Rules. Since
the Government of India, Ministry of Environment, Forest and Climate Change
is not a party, this Court is inclined to suo motu implead the Government of
India, Ministry of Environment, Forest and Climate Change, represented by its
Secretary, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi-110003 as
respondent No.3 in this writ petition.
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5. Mr.Chandrasekar, learned Senior Panel Counsel, appears on behalf of
Central Government takes notice for the newly impleaded third respondent and
would submit that appropriate tests would be conducted, if samples are
forwarded and report would be filed before this Court within a stipulated time
frame to be fixed by this Court.
6. Respondent authority are thus directed to draw samples and forward
the same to the appropriate laboratory/authority under the Hazardous Waste
Rules, within a period of one week from the date of uploading of web copy
without waiting for the receipt of certified copy and the said authority shall
carry out necessary test regarding the question as to whether the goods imported
are suitable for consumption as an animal feed and submit a report within a
period of three weeks thereafter.
7. Registry is directed to carry out necessary amendment in this writ
petition and print the name of Mr.Chandrasekar, learned Senior Panel Counsel
for the impleaded respondent
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8. Post on 09.06.2026.
30-04-2026
mrn
To
1.The Additional Commissioner of Customs
(Group 1),
Chennai Import Commissionerate,
Custom House, No.60, Rajaji Salai,
Chennai-600 001.
2.The Chemical Examiner-I,
Central Revenues Control Laboratory,
Hillside Road, Pusa,
New Delhi-110 012.
3.The Government of India,
Ministry of Environment, Forest and Climate
Change,
Represented by its Secretary
Indira Paryavaran Bhawan,
Jor Bagh Road,
New Delhi-110003.
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MOHAMMED SHAFFIQ J.
mrn
09-04-2026
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