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2017 Supreme(Guj) 1751

AKIL KURESHI, BIREN VAISHNAV
All India Ceramic Glaze and Glass Frit (Mixture) Manufacture – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. Devan Parikh, Advocate
For the Respondents:M/S Trivedi & Gupta, Advocate, Mr. Devang Vyas, Advocate, Mr. Nikunt K. Raval, Advocate, Nanavati Associates, Advocate

JUDGMENT :

AKIL KURESHI, J.

1. This petition is filed by All India Ceramic Glaze and Glass Frit (Mixture) Manufacturing Association and its members (hereinafter referred to as “the Association”). The petitioners have challenged a notification dated 7.4.2006 under which by amending the Schedule I (Imports) of the ITC(HS) Classifications of Export and Import Items, 2004-2009, the import of boric acid for non insecticidal purposes was made subject to import permit issued by the Central Insecticide Board and Registration Committee (“the Committee” for short ) under the Ministry of Agriculture.

2. Brief facts are as under. Petitioner no.1 is an association of Ceramic Glaze and Glass Frit (Mixture) manufacturers. Petitioners no. 2 to 9 are its members. The members of the Association are engaged in manufacturing Ceramics Glaze and Glass Frit (Mixture). For such manufacturing activity, they require boric acid in large quantities. The boric acid we are informed is used for giving glaze to the tiles. The boric acid is also used in preparation of variety of insecticidal uses in agriculture






































































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