2016 (4) TMI 788

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....ntly to direct the 1st respondent to permit the clearance of the goods of the petitioner. 2.1 According to the petitioner, it is engaged in the import, manufacture and sale of insecticides. One of the insecticides which the petitioner is engaged in the manufacture is known as 2-Chloroethyl Phosphoric Acid, which is also known as Ethephon. Under the provisions of the Insecticides Act, 1968 (hereinafter referred to as the Act ), any person desiring to import or manufacture any insecticides must apply to the 2nd respondent for registration of its insecticides under Section 9(1) of the Act. Where a particular insecticide has already been registered, any other person desirous of manufacturing or importing the same insecticide must obtain a re....

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....oner, the 1st respondent refused to release the consignment. Hence, the petitioner has come forward with this writ petition. 3.1 The 1st respondent, in his counter, has stated that even in case of routing the material through the Supplier, the material is required to originate from the source of import duly accompanied by an invoice issued only by the source of import. Further, the 1st respondent has stated that the petitioner should get NOC from the 2nd respondent for the release of the consignment. 3.2 That apart, the 1st respondent has also stated in the counter that the Importer has wrongly used the certificate obtained by them for the import of pesticides. The certificate of registration was issued for the purpose of indigenous m....