NAVIN FLUORINE INTERNATIONAL LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) ISSUE notice. Mr. Rajeeve Mehra, learned Counsel accepts notice. With consent of counsel for the parties the petition was heard finally.

(2.) THE petitioner claims directions for quashing of the decision dated 29.8.2007 and the order dated 14.6.2007 along with minutes of meeting dated 31.5.2007 issued by the first and second respondents. The petitioner is a manufacturer inter alias of BF3 gas which is apparently used for manufacture of life saving products. The raw material is Boric Acid.

(3.) ACCORDING to provisions of the Insecticides Act Chemicals which are potentially used for manufacture of insecticides have to receive clearance for the purpose of import by a Board set up under the Act. In the case of such material which are used for non -insecticide purpose although there is no statutory requirement, the Government of India has evolved a mechanism by which a committee examines requests in deserving cases for import of such materials. This was set up pursuant to the circular/instructions issued in this regard by the Department of Agriculture, Ministry of Agriculture, on 1.8.2005. The said notification also has set up what is known as "Registration Committee" and "Central Insecticides Board". The petitioner claims that it was permitted to import Boric Acid on 26.9.2005 by the respondent of a quantity of 1100 MT. Similarly in 2006 it was permitted to import 300 MT. This was on the basis of recommendations of the Nodal Ministry i.e. Ministry of Agriculture. It is alleged that subsequently the Nodal Ministry was changed; it now is the Ministry of Chemicals and Pharmaceuticals. On 19.2.2007 the said Nodal Ministry permitted the petitioner to import 900 MT of Boric Acid.