Gujarat High Court
9 vs 7 on 21 December, 2009
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
SCA/9230/2008 1/4 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 9230 of 2008
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ALL INDIA CERAMIC GLAZE AND GLASS FRIT (MIXTURE)
MANUFACTU AND OTHERS
Versus
UNION OF INDIA AND OTHERS
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Appearance :
MR DV PARIKH for Petitioner(s) : 1 - 9.
MR PS CHAMPANERI for Respondent(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 2,
DS AFF.NOT FILED (N) for Respondent(s) : 3 - 6.
MR KS NANAVATI, SENIOR ADVOCATE NANAVATI ASSOCIATES for
Respondent(s) : 7,
MR MIHIR JOSHI, SENIOR ADVOCATE for M/S TRIVEDI & GUPTA for
Respondent(s) : 8,
None for Respondent(s) : 9,
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CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE J.C.UPADHYAYA
Date : 21/12/2009
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The matter is heard at length.
2. Learned advocate Mr.D.V.Parikh for the petitioners invited our attention to various aspects of the matter, which are taken note of in earlier orders passed by this Court.
3. The main submission of the learned advocate for the petitioner is that in view of the provision contained in Clause-(b) of sub-section (1) of Section 38 of the Insecticides Act, 1968 HC-NIC Page 1 of 4 Created On Wed Aug 05 02:08:47 IST 2015 SCA/9230/2008 2/4 ORDER (hereinafter referred to as, "the Act"), the Act itself is made non- applicable to the substance specified or included in the Schedule, once it is to be used for non-insecticidal purpose. Clause-(b) of sub- section (1) of Section 38 of the Act reads as under:-
"38. Exemption.-(1) Nothing in this Act shall apply to-
(a) xxxx
(b) any substance specified or included in the Schedule or any preparation containing any one or more such substances, if such, substance or preparation is intended for purposes other than preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds and other forms of plant of animal life not useful to human beings."
3.1 Learned advocate for the petitioners submitted that in that view of the matter, the issuing authority of notification dated 07.04.2006, a copy of which is produced at Annexure-I, page No.101, could not have provided for the regulation of the import of Boric Acid by making the same subject to the import permit issued by the 'CENTRAL INSECTICIDE BOARD' and 'REGISTRATION COMMITTEE'. Learned advocate for the petitioners invited attention of the Court to Item No.7 of the notification, which reads as under:-
"7. The Import Policy for the following items will be amended as follows:
HC-NIC Page 2 of 4 Created On Wed Aug 05 02:08:47 IST 2015 SCA/9230/2008 3/4 ORDER Exim Item Police Conditions Code Description Boric Acid Free Import of Boric Acid for non-insecticidal purposes will be subject to an import permit issued by the Central Insecticide Board & Registration Committee under the Ministry of Agriculture."
4. Learned advocate for the petitioners invited our attention to the averments made in para-2 of the petition and submitted that the said notification, while providing for the regulation of import of Boric Acid through 'Central Insecticide Board' and 'Registration Committee', is for extraneous reasons.
The Court restrains itself from making any further observation on this point at this stage, as all the parties are yet to put their replies and they are yet to be heard in detail.
5. The fact remains that the demand of the petitioners is on the basis of the nodal agency being satisfied by the individuals about their demand. Once that is so, there was no need to provide for further regulatory measures in the form of permit from the 'Central Insecticide Board' and 'Registration Committee', but passing any order of making these two agencies non-functional will amount to allowing of this petition at this stage.
RULE returnable on 04.02.2010.
6. To take care of the major grievance of the petitioners HC-NIC Page 3 of 4 Created On Wed Aug 05 02:08:47 IST 2015 SCA/9230/2008 4/4 ORDER that firstly the Registration Committee takes unreasonable long time in considering the application and secondly while considering the application for grant, only fraction of the demand is granted, the following order is passed:-
(a) The Registration Committee is directed to consider and decide all applications which are pending with it, which are received before 4 weeks, within 4 weeks from the date of receipt of this order and applicant be intimated about the decision by a Registered Post A.D. letter individually.
(b)The Registration Committee is directed to decide all applications received by it during last 4 weeks, within 6 weeks from the date of receipt of this order and applicant be intimated about the decision by a Registered Post A.D. letter individually.
(c) The Registration Committee is directed to decide all applications received by it from today onwards, within 6 weeks from the date of receipt of the same and applicant be intimated about the decision by a Registered Post A.D. letter individually.
(d)In the event, the Registration Committee is not permitting import of the entire quantity which is recommended by the nodal agency, it must record its reasons in writing and shall communicate the same along with its decision to the person concerned and applicant be intimated about the decision by a Registered Post A.D. letter individually.
(Ravi R.Tripathi, J.) (J.C.Upadhyaya, J.) *Shitole HC-NIC Page 4 of 4 Created On Wed Aug 05 02:08:47 IST 2015