Non-insecticidal import use can avoid registration and confiscation where declared and supported at clearance.

Imported Barium Carbonate falls outside the Insecticides Act regime when the importer establishes non-insecticidal intended use, because section 38 excludes scheduled substances used for purposes other than controlling insects and allied forms of life. The Public Notice clarifies that clearance of such scheduled substances does not require registration or an import permit where the intended use is declared and supported at clearance. That clarification applies retrospectively as a beneficial circular. On that basis, absence of Central Insecticide Board registration alone did not justify confiscation or penalty.

---

---

Issues: Whether imported Barium Carbonate was liable to confiscation and penalty for want of registration with the Central Insecticide Board when the importer claimed non-insecticidal use, and whether the Public Notice governing such imports applied retrospectively.

Analysis: The imported goods were covered by the Insecticides Act regime only if intended for insecticidal use. Section 38 of the Insecticides Act, 1968 excludes substances specified in the Schedule when they are intended for purposes other than preventing, destroying, repelling or mitigating insects and allied forms of life. The Public Notice issued by the Board clarified that clearance of scheduled substances would not require registration or import permit where the importer establishes non-insecticidal intended use, and that the intended use must be declared and supported at clearance. The benefit of this clarification could not be denied merely because it was invoked after publication, since a beneficial circular applies retrospectively.

Conclusion: The goods were not liable to confiscation or penalty merely for absence of Central Insecticide Board registration, and the importer was entitled to the benefit of the Public Notice.

---