Import clearance for pesticide products allowed on proof of permit application, while statutory objections were preserved.

The dispute concerned clearance of an imported consignment of insecticide or pesticide products for non-insecticidal use pending an application for import permission. The Bombay HC noted the statutory position and communications relied on by the authorities that such goods should not be cleared without a registration certificate or import permit, but accepted the petitioner's statement that it would apply for a permit within one week as an undertaking. Interim clearance was therefore directed on production of proof of the application, without prejudice to the parties' respective rights and contentions.

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Issues: Whether the petitioner was entitled to interim clearance of the consignment pending application for an import permit, and whether the customs authorities could insist on production of a registration certificate or import permit before clearance.

Analysis: The consignment related to import of insecticides or pesticide products for non-insecticidal use. The affidavit relied upon the statutory scheme and the communications of the competent board/committee, according to which such goods were not to be cleared without a registration certificate or import permit. At the same time, the petitioner stated that it would apply for an import permit within one week, and that statement was accepted as an undertaking. On production of a copy of the application, clearance was directed to be granted, without prejudice to the parties' respective rights and contentions.

Conclusion: Interim relief was granted in the petitioner's favour by permitting clearance of the consignment upon production of proof of the application for import permit, while preserving the respondents' objections.

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