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TMI Blog2022 (11) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... Brijesh Tripathi, Deputy Director (Chemistry), Dr S.K. Jain, Consultant (Toxicology) and Dr Mahesh Chandra, Asst. Director for R-3. [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J. (ORAL): CM No.46513/2022 in W.P.(C) 1987/2022 CM No.46510/2022 in W.P.(C) 1988/2022 1. These are the applications moved on behalf of the petitioners to bring on record the extract of the bill of entry bearing no.7112572 dated 17.01.2022. 2. According to the counsel for the applicants/petitioners, the extract of the bill of entry has been obtained from the ICEGATE website. 3. Issue notice. 3.1. Mr Aditya Singla accepts notice on behalf of respondent nos.1, 2 and 4, while Mr Kirtiman Singh accepts notice on behalf of the respondent no. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 92014. The relevant portion of this notification reads as follows: "S.O.(E): In exercise of powers conferred by Section 3 of FT (D&R) Act, 1992, read with paragraph 1.3 and 2.1 of the Foreign Trade Policy, 2009-2014, the Central Government hereby inserts the following Policy condition as Policy Condition no. 3 under Chapter 38 of ITC (HS), 2012 - Schedule - 1 (Import Policy): 3. Under Section [9] of the Insecticides Act, 1968 all chemicals intended to be used as insecticides, rodenticides, fungicides, herbicides etc. [referred to as 'insecticides' under the Act] require mandatory registration for import. In cases, where the 'insecticide' is imported for non-insecticidal purpose, an import permit is necessary from the Registration Commit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on for grant of permission for import of Insecticides for Non-Insecticidal Use. 1. Name of the applicant along with complete address 2. Address of premises, where the imported insecticide shall be stocked/used. 3. Name of the insecticide proposed to be imported along with the minimum purity. 4. Source of import with complete address 5. (i) Name of the Item being manufactured using the imported insecticide. (ii) Licensed Capacity of item proposed to be manufactured. (iii) Installed Capacity of item proposed to be manufactured. (iv) Function of the insecticide in the process of manufacture of the item ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... variation in the quantity recommended for import (S.No.9) and average consumption during last three years (S.No.8, Annexure-III) is more than 10%, detailed technical justification of the Nodal Ministry/Department/State Department of Industry for recommending higher quantity: 13. Details of purchase & consumption Year (Financial) Quantity of the Insecticide (in MT) Imported Domestic purchase Total Consumed Corresponding Final Product 1 2 3 4(2+3) 5 Total Quantity &nb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... product that the petitioners have imported goes by the name "ethephon", which, even according to the petitioners, is also referred to as "ethrel". To be noted, the chemical and scientific name of ethephon is "2-chloroethylphosphonic acid". "Ethrel" finds mention in the schedule appended to the 1968 Act. 14.1. Thus, 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". 15. The core issue before the Court was as to 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the ethylene source should not come in contact of fruit at any point in time. Scientific Panel reiterates that the Guidance note from FSSAI is very comprehensive and straight-forward and the information given in it, needs to be understood and followed in the perspective, as it is intended to be conveyed." [Emphasis is ours] 17. 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. 18. Therefore, as ind ..... X X X X Extracts X X X X X X X X Extracts X X X X
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