Import of chemicals for non-insecticidal use falls outside insecticide import restrictions, sustaining relief from confiscation and penalty.

Import of chemicals such as nickel chloride and copper sulphate was treated as not requiring the registration certificate or import permit insisted upon by the department. The Tribunal also applied Section 38(1)(b) of the Insecticides Act, 1968 to hold that import of insecticides for non-insecticidal use is outside the Act's restrictive regime, so the confiscation and penalty were set aside to the indicated extent. The High Court found no irregularity in that reasoning and did not interfere, leaving the respondent's relief intact.

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Issues: Whether import of the chemicals without a registration certificate or import permit under the Insecticides Act, 1968 could justify confiscation and penalty, and whether import for non-insecticidal use attracted the statutory restrictions.

Analysis: The Tribunal found that the imported items included chemicals such as nickel chloride and copper sulphate, and accepted the contention that their import did not require the registration certificate or import permit insisted upon by the department. It also relied on Section 38(1)(b) of the Insecticides Act, 1968 to hold that import of insecticides for non-insecticidal use is not subject to the restrictions contained in that Act. On that basis, the confiscation of the relevant goods and the penalty were set aside to the extent indicated. The High Court found no irregularity in that reasoning warranting interference.

Conclusion: The appeal was not accepted, and the respondent's relief against confiscation and penalty was sustained.

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