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2022 (11) TMI 298 - HC - CustomsImport of insecticide for non-insecticidal purpose - Requirement to obtain an import permit from respondent no.3/Central Insecticide Board and Registration Committee - applicability of provisions of Section 38 (1) (b) of the Insecticides Act, 1968. Whether, having regard to the provisions of Section 38(1)(b) of the 1968 Act (which is an exemption provision), the other provisions of the 1968 Act would be applicable, given the fact that the petitioners are seeking to use the imported product only for “non-insecticidal” purpose i.e., as an artificial fruit ripener? HELD THAT:- Having regard to the provisions of Section 3(e)(i) of the 1968 Act, the imported product will fall within the definition of the term “insecticide”. It is also not in dispute that respondent no.4/Food Safety and Standards Authority of India [FSSAI] has taken the stand (albeit, after having the product examined by a panel of scientists), that ethephon is not carcinogenic i.e., it is fit for human use, as long as it does not come in direct contract with the food substance, which in this case is fruits - the petitioners’ grievance thus arose from the impediment caused to the clearance of their product for home consumption. It is averred that, even though respondent no.4/FSSAI has indicated that ethylene gas can be used to ripen fruits, the custom authorities have refused to clear the imported product/ethephon on the ground that the petitioners did not have the requisite import permit. Since the petitioners have agreed to furnish the necessary information, in this case the issue as to whether information was required to be given or not, has become academic. Once an import permit is issued by respondent no.3/CIB&RC, the petitioners will be at liberty to approach the customs authorities. The custom authorities, as alluded to above, will, thereafter, act as per law - respondent no.4/FSSAI is directed to consider framing a regime whereby fruits and/or vegetables which are ripened artificially with the use of ethylene gas, which in turn is produced through use of ethephon powder, as in this case, or other artificial ripeners should have the necessary indication placed on it. List the above-captioned matters before this court on 30.11.2022 only for the purposes of ascertaining as to whether compliance has been made with the directions - petition disposed off.
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