Boric acid imports for non-insecticidal use may proceed subject to the prescribed import permit mechanism.

Import of boric acid for non-insecticidal use was treated as permissible under the applicable notification, which allowed such imports subject to a permit from the Central Insecticide Board and Registration Committee. The legal point was that registration under the Insecticides Act was not required as an absolute condition for this stated non-insecticidal import; compliance with the prescribed permit mechanism was sufficient. Import was therefore allowed only on obtaining the requisite permit in accordance with law.

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Issues: Whether boric acid imported for non-insecticidal purpose required registration under the Insecticides Act, and whether import could be permitted subject to obtaining the requisite import permit.

Analysis: The relief sought was examined in the light of Notification No. 2(RE-2006)/2004-2009 dated 7th April, 2006, which permitted import of boric acid for non-insecticidal purpose subject to an import permit from the Central Insecticide Board & Registration Committee under the Ministry of Agriculture. In view of that notification, the requirement was not absolute registration for the stated non-insecticidal import, but compliance with the permit mechanism prescribed by the competent authority.

Conclusion: The petitioner was entitled to import boric acid for non-insecticidal purpose, provided the requisite permit was obtained in accordance with law.

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