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2014 (4) TMI 267 - HC - Indian LawsVacation of interim relief – Registration of the insecticides - It is submitted that the applicants, as importers, are only importing the formulations for which the applicants have sought the registration of the formulations and not registration of the technical grade/ material. - Deemed registration u/s 9(3) of the scheme of the Insecticides Act, 1968 - Discrimination between importer and indigenous manufacturer - Technical material registered or evaluated for impost of formulation or not - Held that:- The provisions of the statute do not refer to or empower any such deeming provision or “deemed registration” which could be granted - The Statement of Objects and Reasons refers to the poisoning cases in Kerala and thereafter in Bombay which has led to the establishment of inquiry commission and the report that how the foodstuff can be contaminated and what would be the measures to be taken. There are subsequent amendments but a few relevant aspects which require consideration have not been placed on record or put to the notice like international conventions and treaties which provide for the minimum use of pesticides - The pesticides, human health and environment are aspects which are interlinked and there are studies and research which has led to such international conventions - The Food and Agriculture Organization of the United Nations has referred to the fact that 95 countries have agreed to new international convention on dangerous chemicals and pesticides - according to the United Nation's Environmental Programme, there are number of highly toxic chemicals that persist in the environment, accumulate in wild life and people. when the statute like the Act has been intended to have some amount of regulation on use of pesticides or import of pesticides which cannot be altogether avoided, some mechanism has to be provided by which the laws are implemented with more effectiveness and transparency - The Act does not provide for grant of deemed registration and it is by way of guidelines or procedure evolved by the Registration Committee such deemed registration is sought to be granted to the importers like the applicants which are intended to create monopoly in their favour - these aspects are also required to be considered. Though sufficient provision is made in the statute referring to the procedure u/s 9(4) of the Act for registration of insecticides, it cannot be said that the legislature is not conscious about such aspects, but what is required is a more sensitive and proper approach to deal with such issues at the time of actual implementation of the law – thus, it would be in the fitness of things to leave larger issues aside for the purpose of deciding the present civil applications for vacating the interim relief - The interim relief may be vacated/modified subject to some of the conditions which takes care of the aspects of safety till fresh guidelines are issued by the Government and the matter is heard and decided finally – thus, the interim relief stands vacated/modified subject to the certain conditions – Decided in favour of Petitoner.
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