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TMI Blog1996 (9) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s. 112(a) of the Act. 2. The Appellants imported Methyl Parathion and sought clearance thereof under OGL. They initially filed Into Bond Bill of Entry. The item imported was covered under Insecticides Act, 1968. The appellants were holding Registration Certificate issued under Section 9 of the said Act. The said Certificates however did not specify the approved source of import. Instructions were issued vide letter dated 3-12-1993 addressed to the Collector of Customs from Central Insecticide Board and Registration Committee that no clearance of Insecticide be allowed on the Registration Certificates, where the country from which the import was made, was not shown as source of import. The Appellant, while filing into Bond Bill of Entry, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , since 1973, and have also been causing import of the subject item ever since then, and have been getting them cleared under OGL at the port of Import. In his submission, Rule 4(4) of the Insecticides Rules, 1971, prescribed the Form under which such Registration Certificate to be granted vide Sec. 9 of the said Act, has to be issued and there is no provision anywhere that the source of acquisition has to be declared by the party seeking licence or should be specified in the Certificate to be issued. The ld. Advocate has pleaded that the said Act does not permit regulating the source of acquisition though other restrictions as to quantity etc. could be imposed and has referred to various provisions of Insecticides Act, 1968. The ld. Advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 1983 (13) E.L.T. 1305 (S.C.). 6. Mr. K.M. Mondal, the ld. SDR has submitted that the authority prescribed under the Insecticides Act, 1968 is the Board and the Collector of Customs have to be guided by the directions by said Board which basically are the directions from the Ministry of Agriculture. He has then pleaded that the Act is intended to ensure safety of human and animal. Referring the Section 9 of the Act and Rule 4(4) of the Insecticides Rules, 1971, the ld. SDR has pleaded that the powers are invested in the Registration Committee to issue Registration Certificate and vide Section 9 (3C) the said Committee has powers to vary any condition subject to which such a Certificate is issued and pursuant to that if the decision is ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cord, there is no dispute that the item imported is Insecticides and that the appellants have been holding the required Registration Certificate contemplated under Sec. 9 of the Insecticides Act, 1962 and in ordinary course, but for the objection as to non-mention of the source of acquisition in the Certificate, the validity of the same is otherwise not challenged. 8. There does not appear any general instructions or any Notification issued by the Registration Committee established under Sec. 5 of the Insecticides Act, 1968 to the effect that Registration Certificates issued by them but which do not bear the endorsement of source of acquisition shall not be accepted as a valid document for the purpose of import of Insecticides or Pesticid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contrary, the appellants have produced a letter dated 31-5-1994 addressed to all Pesticide Associations to require their members to surrender their Certificates within a period of two months therefrom, for the purpose of endorsement in relation to source of acquisition, further mentioning that after a suitable period the Customs Authorities shall be advised separately to verify in each case, the Certificate of Registration and not to allow import in case the name of approved exporter has not been mentioned therein. 10. It might be yet another debatable issue whether such a letter dated 31-5-1994 could be construed to have been issued in due compliance with the statutory requirement of Sec. 9(3C) of the said Act but assuming the said lett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mere letter dated 3-12-1993 issued without due compliance with any statutory provisions for non-acceptance of the Certificate, which otherwise was valid in all other respects, could not be taken as sufficient to withhold the clearance. It is true that the Registration Committee is the designated authority under the Insecticides Act, 1968 to perform the functions under the Act, such administrative directions given vide letter dated 3-12-1993 not backed by any other order contemplated under the Act, cannot be read as and taken to be the one, making the appellants ineligible to cause import of pesticide vide Para 155-E of the Policy Book 1992-97. 12. No evidence is brought on record as to whether the Appellants had surrendered their Certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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