India


Supreme Court restores registration of Crystal Crop protection’s insecticide, sets aside Delhi High Court order

New Delhi, Nov 3 (UNI) The Supreme Court has restored the registration certificate granted to Crystal Crop Protection Ltd for the import and manufacture of the insecticide Halosulfuron methyl, setting aside a Delhi High Court judgment that had cancelled the registration.
A Bench of Justice M.M. Sundresh and Justice Prasanna B. Varale allowed the company's appeal and quashed the May 29, 2026 judgment of the Delhi High Court Division Bench.
The dispute arose after the Registration Committee, in its meeting held on July 23, 2021, granted Crystal Crop Protection registration under Section 9(3) of the Insecticides Act, 1968. The approval covered the import of Halosulfuron methyl technical 98% and the indigenous manufacture of its formulation, Halosulfuron methyl 75% WG.
Dhanuka Agritech Ltd, a commercial competitor of Crystal Crop Protection, challenged the registration before the statutory appellate authority. After its challenge was dismissed, Dhanuka approached the Delhi High Court. The Single Judge upheld the registration granted by the statutory authorities on January 24, 2023. However, the Division Bench subsequently overturned that decision and cancelled Crystal Crop Protection's registration certificate.
Challenging this decision, Crystal Crop Protection approached the Supreme Court. Supreme Court questioned Dhanuka's right to appeal The Supreme Court observed that the power of judicial review over an executive decision, particularly one involving the grant of a licence to a commercial competitor, is limited.
The Bench said the Delhi High Court Division Bench had effectively acted as an appellate authority by reversing the findings of the statutory authorities under the Insecticides Act, which had already been upheld by the Single Judge.
The Court also expressed reservations about whether Dhanuka Agritech was legally entitled to challenge the registration under Section 10 of the Insecticides Act. Explaining the provision, the Bench said Section 10 provides a right of appeal against a decision refusing registration or cancelling an existing registration. It does not provide a general right to challenge the grant of registration to another company. The Court held that Dhanuka could not be treated as a "person aggrieved" entitled to file an appeal under this provision.
Registration Committee had examined safety and quality The Supreme Court also took note of the compliance affidavit filed by the union of India and the concerned authorities. According to the affidavit, the application submitted by Crystal Crop Protection had undergone several levels of examination, including testing of the insecticide sample at the Central Insecticide Laboratory.
The laboratory had received the sample of Halosulfuron methyl technical 98% on July 11, 2016, and its report dated October 27, 2016, found the composition to be 98.53% pure. The application was also examined on various parameters, including chemical composition, bio-efficacy, toxicology and packaging.
The authorities further explained that the Registration Committee had raised questions about a difference in the source of import mentioned in the application and the source disclosed while seeking permission to import a sample for testing and trials. Crystal Crop Protection was asked to explain this difference at the Registration Committee's meeting.
The company made a presentation and submitted clarifications, which were considered by the committee before granting registration. The affidavit also referred to documents establishing the supply link between Jiangsu Agrochem Laboratory Co. Ltd. and Fertiagro Pte Ltd. It stated that Jiangsu Agrochem was the original manufacturer and had obtained registration for the insecticide in China. The Registration Committee had also verified the source of the insecticide and found the verification satisfactory.
After examining the material, the Supreme Court held that the Delhi High Court Division Bench judgment could not be sustained either on merits or in law. The Supreme Court accordingly set aside the May 29, 2026 judgment of the Delhi High Court and allowed Crystal Crop Protection's appeal. The order was passed on October 14, 2026.
Senior Advocate Mukta Gupta appeared for Crystal Crop Protection, while Senior Advocate Mukul Rohatgi represented Dhanuka Agritech. Additional Solicitor General Aishwarya Bhati appeared for the union of India. UNI SNG CDS
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