SABYASACHI BHATTACHARYYA, J. - (1.) The writ petitioners have challenged the vires of a Notification dated December 22, 2017 (G.S.R.) 1588 (E) published by the Union Ministry of Agriculture and Farmers Welfare (Department of Agriculture, Cooperative and Farmers Welfare), whereby an amendment was brought to Rule 45 of the Insecticides Rules, 1971 (hereinafter referred to as "the 1971 Rules") and deleting Kolkata from the list of places through which insecticides shall be imported into India, including the sea and air routes.
(2.) Such Rule was amended in the exercise of the powers under Section 36 of the Insecticides Act, 1968 (hereinafter referred to as "the 1968 Act"). It is argued on behalf of the petitioners that the amended Rule 45 is de hors the provisions of the 1968 Act itself and violative of Articles 14 and 19(1)(g) of the Constitution of India. It is submitted that the fundamental right of importers and manufacturers in all North-Eastern States of India, including the State of West Bengal, to import insecticides through the Netaji Subhas Chandra Bose International Airport and the port of Kolkata has been infringed by unreasonable restriction being imposed under the said amended Rule.
(3.) Whereas there is representation of the Northern, Western, as well as Southern parts of India in the list of airports and sea ports through which such imports can now be made, there is no representation post- amendment as regards the Eastern and North Eastern States in the list of designated places of import. It is submitted that more than forty manufacturers of pesticides in the Eastern Zone, comprised of eight States, including Odisha, Bihar, West Bengal, Assam and other North East States, shall be directly affected by the said Notification which, in turn, will enhance the cost of pesticides for the farmers of the Eastern Zone due to the price of insecticides of the said region becoming expensive. The importers would be affected as well, since the costs of insecticides, which are imported from outside, shall increase at least by Rupees Ten per kg. approximately, since every month at least 40-50 containers are imported through Kolkata Port and 7-8 consignments through the Kolkata Airport. The amendment of the Rule, thereby deleting Kolkata from the list of places of import, would render the prices of the products exorbitant and consequentially uncompetitive as compared to manufacturers in other parts of India.;