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2009 Supreme(Del) 695

S.RAVINDRA BHAT
SYNGENTA INDIA LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. Raju Ramachandran, Sr. Advocate with Ms. Ruchi Agnihotri Mahajan and Ms. Anushree Tripathi, Advocates
Mr. K. K. Sharma, Advocate for Resp. Nos.1 & 2.
Mr. Laliet Kumar and Mr. Santosh Sharma, Advocates for Resp. No.3.

JUDGMENT

1. The petitioner, in these proceedings, under Article 226 of the Constitution of India, impugns the decision of the Union Department of Agriculture, dated 5-11-2008, rejecting its Registration Committee to granting for Emamectin Benzoate 5% SG to the third respondent, its 293rd meeting held o 26.09.2008.

2. The facts necessary for deciding the case are that with the Act was brought into force with express the object of regulating the import, manufacture, sale, transport, distribution and use of insecticides with a view to prevent risk to human beings or animals, and for matters connected with it. Any prospective manufacturer or importer of any insecticide/pesticide in India is primarily governed by the regime of this Act. One of the areas of focus of the Act, is on import of insecticides and formulations, which it strives to regulate; the concern is enforcement of restrictions on rampant import of chemicals. The Act delegates the function to scrutinize, examine and analyze insecticides to the Registration Committee (respondent No.2 in this case). Section 5 enacts for the constitution and functions of the committee, for enabling registration of insecticides on the receipt




















































































































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