Import of an insecticide required prior Registration Committee permission despite claimed non-insecticidal use under the DGFT notification.

Bronopol imported as an insecticide required prior permission from the Registration Committee under the operative DGFT notification, even where non-insecticidal use was claimed. The exemption under section 38(1)(b) of the Insecticides Act was not available on the facts because the importer was only a trader and no material established the asserted end-use. The notification issued under the Foreign Trade (Development & Regulation) Act, 1992, read with the Foreign Trade Policy 2009-2014, was binding on the importer and customs, so clearance could not be granted without the prescribed permission.

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Issues: Whether bronopol imported by the appellant required prior permission from the Registration Committee under the DGFT notification dated 01.01.2015, even when claimed to be imported for non-insecticidal purpose.

Analysis: The imported goods were treated as an insecticide covered by the Insecticides Act, 1968. The exemption under section 38(1)(b) was not accepted on the facts because the appellant was only a trader and no material established that the goods were in fact imported for non-insecticidal use. The notification issued under section 3 of the Foreign Trade (Development & Regulation) Act, 1992, read with the Foreign Trade Policy 2009-2014, specifically required an import permit from the Registration Committee even for non-insecticidal import of an insecticide, and the notification was binding on both the importer and customs.

Conclusion: The import required compliance with the DGFT notification and the appellant was not entitled to clearance without the prescribed permission.

Ratio Decidendi: Where a product covered as an insecticide is imported after the operative DGFT notification, prior permission from the Registration Committee is mandatory even if the importer asserts a non-insecticidal purpose, unless the claimed end-use is affirmatively established and the statutory conditions are satisfied.

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