ALO Law Office- IDT Tax I Arbitration I Litigation
Date: 04.12.2025
High Court of Gujarat Quashes Public Notice Mandating Import Permit for Acrylonitrile
This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.β β
In a landmark judgment delivered on November 19, 2025, the High Court of Gujarat at Ahmedabad, comprising Honorable Justice, ruled in favor of APCOTEX Industries Ltd., quashing the Public Notice F. No. 04-01/2022-CIR-I dated February 17, 2022. β This decision has significant implications for industries importing Acrylonitrile for non-insecticidal purposes. β
Background of the Case
APCOTEX Industries Ltd., a leading manufacturer of synthetic rubbers, filed a writ petition challenging the mandatory requirement of an import permit for Acrylonitrile, a key raw material used in their production process. The petitioners argued that Acrylonitrile, classified under Tariff Item 29261000, is imported for non-insecticidal purposes and should be exempt from the provisions of the Insecticides Act, 1968, as per Section 38 of the Act. β
The dispute arose from the Public Notice issued by respondent no. β 7, which mandated import permits for Acrylonitrile, even for non-insecticidal use. β APCOTEX contended that this notice contradicted the exemptions provided under Section 38 of the Act, which clearly states that substances intended for non-insecticidal purposes are not subject to the Act’s provisions. β
Key Arguments
The petitioners relied on the Kerala High Court’s decision in The Deputy Commissioner of Customs (Gr.VII), Cochin v. M. Chandrasekhar, Chennai, which held that substances used for non-insecticidal purposes are exempt from import permit requirements under the Insecticides Act. β They further argued that the end-use bond submitted to the authorities ensures compliance with non-insecticidal usage, making the import permit redundant. β
On the other hand, the respondents defended the Public Notice, asserting that registration and import permits are mandatory under Sections 9 and 38 of the Act, regardless of the intended use. β
Court’s Observations
After hearing both parties, the Court examined the provisions of the Insecticides Act, 1968, particularly Sections 9 and 38. β It noted that Section 38 explicitly exempts substances intended for non-insecticidal purposes from the Act’s requirements. β The Court emphasized that Acrylonitrile, used by APCOTEX for manufacturing synthetic rubbers, falls under this exemption.
The judgment also referred to the Kerala High Court’s ruling, which supported the petitioners’ stance. β Furthermore, the Court highlighted that no notification or rule mandates import permits for Acrylonitrile under the latest Foreign Trade Policy. β
Judgment
The High Court quashed the Public Notice dated February 17, 2022, to the extent it applied to Acrylonitrile imported for non-insecticidal purposes. β It ruled that the requirement for an import permit was contrary to the exemptions provided under Section 38 of the Insecticides Act, 1968. β The Court made the rule absolute, allowing APCOTEX Industries Ltd. and other petitioners to import Acrylonitrile without the need for an import permit. β
Implications of the Judgment
This decision is a significant relief for industries relying on Acrylonitrile as a raw material for non-insecticidal purposes. β It reinforces the principle that exemptions under Section 38 of the Insecticides Act must be respected, ensuring smoother import processes for substances used in manufacturing. β
The judgment also sets a precedent for similar cases, providing clarity on the application of the Insecticides Act to non-insecticidal imports. β It underscores the importance of aligning administrative decisions with legislative intent, preventing unnecessary regulatory hurdles for businesses.
Conclusion
The High Court of Gujarat’s ruling is a victory for manufacturers and importers, safeguarding their rights under the law. By quashing the Public Notice, the Court has upheld the principle of exemption for non-insecticidal imports, paving the way for a more streamlined and business-friendly regulatory environment.
Listen to this on our #YouTube Channel
Source: Gujarat High Court
Handy Download:
Write to us at office@aadrikaalaw.com
Tel: +91-11-4999 2707 I +91-9999005379
Leave a Reply