UNIKIL PESTICIDES PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions have been filed by the petitioner challenging the order(s) passed by the Registration Committee (Committee) and the Appellate Authority under the Insecticides Act , 1968 (hereinafter referred to as the "Act"), rejecting petitioner"s application under Section 9(4) of the Act. As both the petitions involve common question of law and facts, the same are disposed vide this common judgment.

(2.) It is the case of the petitioner that the molecule which is sought to be imported by the petitioner was already registered under Section 9(3) of the Act and therefore, petitioner"s application was rightly filed under Section 9(4) of the Act. The learned counsel for the petitioner submits that the Appellate Authority has erred in placing reliance on the decision taken by the Registration Committee in its 229th Meeting held on 12.12.2002, implementing Guidelines for import of technical grade pesticides from additional sources under Section 9(3) of the Act. He submits that such decision was in derogation of Section 9(4) of the Act, making it otious and, therefore, ultra-vires the powers of the Registration Committee.

(3.) On the other hand, it is the case of the respondents that Section 9(4) of the Act would apply only where the import is to be from the same source. In the present case, as the petitioner was seeking to import the molecule from a source different from the one approved under Section 9(3) of the Act, the petitioner should have filed the application under Section 9(3) of the Act, with sufficient data to satisfy the Registration Committee as per the test laid down therein. In this regard, the learned counsel for the respondents has placed reliance on the judgment of the Punjab & Haryana High Court in Haryana Pesticides Manufactures' Association and Ors. v. Central Insecticides Board & Registration Committee and Ors ., MANU/PH/0222/2015 and of this Court in Syngenta India Ltd. v. Union of India (UOI) and Ors ., MANU/DE/1955/2009.