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27. We notice the modalities for granting registration/import permit for insecticides to be used for non agricultural/health purposes was introduced in the year 1991. Subsequently, by Ext.R3 (f) letter dated 15/6/2004 the Secretary of the CIB & RC wrote to Borax Manufacturers Association of India informing that the Committee has evolved guidelines/data for grant of registration/import permit for boric acid. It is indicated that boric acid stands included in the Schedule to the Insecticides Act 1968 and the addressee was asked to advise the members to seek registration permission for indigenous manufacture of boric acid. Subsequently by Annexure R2(c) it is inter alia ordered that if boric acid is proposed to be imported for an identified non insecticidal use, then such imports would be exempted from the requirements of registration under the Act on the basis of a certificate of end-use issued by the concerned administrative Ministry/Department of the Government of India. By Annexure R2(c) 2 dated 17/12/2004 it is inter alia reiterated that such imports as aforesaid of boric acid is exempted from registration subject to the certification of such non insecticidal end use by the administrative Ministry/Department concerned of the Central Government. The insecticidal and non insecticidal use of boric acid have been given in the Annexure R2(c) order. It is by communication dated 1/8/2005 it is ordered that in super cession of all previous instructions issued, import of boric acid for non insecticidal use may be allowed as per the same procedure and guidelines in regard to the import of other insecticides for non insecticidal use i.e. on the basis of import permit issued by the Registration Committee on the recommendation of the nodal Department/Ministry. Annexure R2 (i)8 is the application for grant of permit for import of insecticides for non insecticidal use. R2(i) 8 is as follows:

6.Purpose of imported (specify the use and enclose valid licence to work, a factory licence issued by Chief Factories inspector showing the chemical as input) :
7.Quantity of the chemical(classified as insecticides as per the schedule to the Insecticides Act 1968). imported and consumed durign the last five years (certified by Excise Authority ) :
8. Quantity recommended for imported by the Nodal Ministry (enclose recommendation in original not older than one year) :
"E. Ext.P5 is grossly discriminatory and not issued on the basis of any justifiable reasonable classification. The onerous policy condition of obtaining an import permit from the Central Insecticides Board & Registration Committee imposed vide Ext.P5 has not been extended to other technical grade inorganic chemicals falling under chapter 28 of the ITC (HS) which also finds a place in the Schedule to the insecticides Act, 1968. For example, technical grade inorganic chemicals like sodium cyanide (28 37 1100) Copper Suplhate (28 33 25 00) etc. That are registered insecticides continue to be freely importable without any such requirement of obtaining a prior import permit. Only the free importability of boric acid, which belongs to the aforesaid group has been arbitrarily modified much to the prejudice of bona fide traders in boric acid like the petitioner. Ext.P5 Notification in so far as it is discrminatory on this count is violative of the fundamental rights of the petitioner guarnteed under Article 14 of the Constitution of India and hence is liable to be quashed on this sole ground alone. The said condition is irrational and would result in procedural irregularity in view of the fact that the petitoner's application for registration has been pending before the Board for over a year now."

47. It is pointed out that these averments are not effectively rebutted. In the counter affidavit filed by the 2nd respondent viz. the Director General of Foreign Trade, in answer to the allegation it is stated that the registration under the Act is required when the schedule product is used for insecticidal purposes in agriculture/household/public health whereas import permit is given to have control over the schedule products for non insecticidal use.

48. We notice that in Ext.R3(i) it is inter alia stated that in cases where multi use pesticides are already governed by a health and safety law, such as Sodium Cyanide which is governed under the Poisons Act, the licenses (and quantities mentioned therein) issued by such satatuotry authoriteis may be accepted as end use certificate for issue of import permits. Therefore, even in respect of Sodium cyanide there is a requirement of import permit and also the end use element govern the import of sodium cyanide which apparently is multiple use pesticide. No doubt the writ petitioner would point out that there are such requirements in an executive order in relation to other insecticides . It is pertinent to note that there is no such requirement in the statutory policy in regard to other insecticides. Discrimination and arbitrary conditions are imposed only in regard to the boric acid in the statute.