DEVINDER GUPTA, C. J. ( 1 ) THIS Writ Petition by way of Public interest Litigation has been filed by two petitioner first petitioners. Claims to be an association of Indian Ammonium Nitrate manufacturers. It is not a registered association, but it is claimed that application has already been moved for registration under Section 25 of the India Companies act, 1956 which is said to be still pending. The Association claims that one of its objects is to safeguard the interest of Ammonium nitrate manufacturers in India. Second petitioner claims himself of be the promoter of first petitioner and is also Deputy managing Director of Deepak Fertiliser and petrochemicals Corporation Ltd. , a company engaged in the manufacture and sale of fertilisers and ammonium nitrate in the country. ( 2 ) THE petitioners are aggrieved by the alleged inaction on the part of the respondent 1 to 12 failing to prevent the alleged clandestine imports of ammonium nitrate of explosive grade in bulk. Petitions have alleged that respondent 13 to 15 and other importers and explosive manufacturers are importing ammonium nitrate of Explosive grade in bulk clandestinely by declaring the same to be a Fertiliser Grade, which is in breach of directions issued by the Andhra pradesh Pollution Control Board. They are also violating the provisions of Customs act, 1962 read with Customs Tariff Act and the Fertiliser (Control) Order, 1985, issued under the Essential Commodities Act. ( 3 ) PETITIONERS claim that the Fertiliser control Order, 1985 (hereinafter referred to as the Order ) exhaustively defines which substances are fertilisers. Part a of Schedule i thereto specifies Calcium Ammonium nitrate having a concentration of Nitrogen of either 25% or 26% to be fertilizer. Therefore, ammonium Nitrate having such concentration of nitrogen alone can be considered to be of Fertilizer Grade. The indian Standard Specification for Ammonium nitrate for Explosive (1st Revision) adopted by the Indian Standard Institution specifies that Ammonium Nitrate having a concentration of Nitrogen of 34. 5% or above is of Explosive Grade. The A. P. Pollution Control Board (hereinafter referred to as the board ), vide its letter dated 8th april, 2002 issued directions for regulating the import of hazardous chemicals in the light of the acknowledged health hazards in transporting, unloading, handing and storing ammonium Nitrate of Explosive Grade in bulk. 5% or above is of Explosive Grade. The A. P. Pollution Control Board (hereinafter referred to as the board ), vide its letter dated 8th april, 2002 issued directions for regulating the import of hazardous chemicals in the light of the acknowledged health hazards in transporting, unloading, handing and storing ammonium Nitrate of Explosive Grade in bulk. According to the petitioner, the directions issued by the Board would amount to imposing a prohibition on the import of explosive Grade Ammonium Nitrate in bulk. ( 4 ) THE petitioner has alleged that with a view to circumvent the directions issued by the Board and to clandestinely continue the import of Ammonium Nitrate of Explosive grade in bulk into the country, the importers/ explosive manufacturers are mis-declaring consignments of Ammonium Nitrate of explosive Grade in bulk to be of Fertilizer grade. Despite the fact that the supporting shipping documents presented under cover of Bill of Entry make it abundantly clear that the said consignment are in fact of ammonium Nitrate of Explosive Grade in bulk, respondent 1 to 12 have failed to perform their statutory duties in preventing such mis-declaration and in prohibiting the import of such prohibited consignment into the country. ( 5 ) IT is further alleged that the Customs tariff Act clearly prescribes the rate of duty payable on products classifiable as fertilizers. This is born out both by the chapter heading (Fertilizer) and Chapter sub-heading ("mineral or Chemical Fertiliser, nitrates" ). Since the consignments are of ammonium Nitrate Explosive Grade (having concentration of Nitrogen of 34%), the declaration of Respondents 13 to 15 that they are fertilizers is contrary to the provisions of Customs Act read with customs Tariff Act. Thus the imports of ammonium Nitrate of Explosive Grade in bulk under the guise of Ammonium Nitrate of explosive Grade in bulk under the guise of fertiliser Grade Ammonium Nitrate and its onward sales to the Explosive industry is in clear breach of the restriction imposed by chapter VI of the said order and in particular section 19 (A), (C) (iii), (vi) and Section 25 thereof. ( 6 ) THE petitioners further alleged that pursuant to Section 28 of the Order, the fertilizer Inspectors are duly empowered to draw samples of an fertilizer imported, stored and/or exhibited for sale, if there is reason to believe that such products are being imported, sold, offered for sale, stored or exhibited for sale or distributed contrary to the provision of the said order. He has power to seize or detain any Fertilizer in respect of which he has reason to believe a contravention of the order had taken place. For his purpose, the Inspectors are conferred with powers of search and seizure provided for in the Criminal Procedure Code, 1973. Section 28 (2) empowers the inspectors to give a stop sale notice in writing to the persons whose stocks have been detained and to initiated other appropriate actions as they deem fit within a period of 21 days. Despite the fact that the respondents 9 and 10 are statutorily empowered and bound to take the aforesaid steps to prevent the clandestine import and consequential illegal sale of Ammonium nitrate of Explosive Grade, as Fertilizer grade, they have failed to exercise of the power and neglected to do so. ( 7 ) AFTER making allegations in detail, the petitioners have sought directions against the official respondents to prevent and prohibit import of Ammonium Nitrate of explosive Grade in bulk, misdeclared as fertiliser Grade. Interim directions were also prayed in the main writ petition. ( 8 ) THE petition is vehemently opposed by the respondents. Preliminary objection has also been raised as regards the maintainability of the Writ Petitioner by the petitioners alleging that the petition is mala fide and not in public interest. It has been filed as a business rivalry by the petitioners. The respondents in their counter-affidavits have elaborately dealt on merits the petitioner allegations. To appreciate the case of the respondents, it is necessary to briefly refer to the relevant portions of the stand taken by them in their respective counter- affidavits. ( 9 ) RESPONDENT No. 2 (a) is the Andhra pollution Control Board. Respondent No. 2 (b) is Maharashtra Pollution Control Board. Mr. To appreciate the case of the respondents, it is necessary to briefly refer to the relevant portions of the stand taken by them in their respective counter- affidavits. ( 9 ) RESPONDENT No. 2 (a) is the Andhra pollution Control Board. Respondent No. 2 (b) is Maharashtra Pollution Control Board. Mr. Rajiv Sarma, Member Secretary of respondent No. 2 (a) Board in his counter- affidavit has stated that the Board is periodically monitoring the situation and taking necessary steps in the interest of environment and public health and appropriate directions as are required to be issued have already been issued but has denied that there is any violation or infringement of any law or Order of the part of the respondents. It is pointed out that as per Rule 18 of Manufacture, Storage and import of Hazardous Chemicals Rules, 1989, (MSIHC Rules 1989) the Board directed M/s Kakinada Pots Trust and m/s. Visakhapatnam Port Trust on 4-4-2002 not to allow the import of Ammonium nitrate in bulk form, for safety reasons. M/s. Visakhapantam Port Trust, by its letter dated 6-4-2002, explained the safety precautions being imposed on the importers while unloading the Ammonium Nitrate in bulk form and relied on a copy of the letter in which the Chief Controller of Explosive, nagpur had clarified that the Ammonium nitrate by itself is not an explosive. The counter-affidavit further states that m/s. Special Blast Pvt. Ltd. , (Respondent no. 13) in its letter dated 8-4-2002 submitted safely Data Sheet to the Zonal office, visakhapatnam under Rule 18 (2) of the msihc Rules, 1989, with copies to the board Office and the Regional Officer, visakhapatnam wherein it stated that the material being imported is Ammonium nitrate of Fertilizer Grade. By letter dated 8-4-2002, Visakhapatnam Port Trust (Respondent No. 3) was requested to ensure that "ammonium Nitrate of only Fertilizer grade" and is handled by scrupulously following the safety precautions, as envisaged by M/s. Visakhapatnam Port trust in their letter dated 6-4-2002. Subsequently, in order to ensure the non- explosiveness of Ammonium Nitrate, the visakhapatnam Port Trust, made one of the importers of Ammonium Nitrate, demonstrate the non-explosive characteristics by igniting the chemical, mixing it with all possible contaminants available in the port premises i. e. . coal dusts, diesel, petrol, Kerosene, Sulphur etc. It was observed that the ammonium Nitrate has not shown any signs of explosion. coal dusts, diesel, petrol, Kerosene, Sulphur etc. It was observed that the ammonium Nitrate has not shown any signs of explosion. The inspection of storage facility of Ammonium nitrate was conducted periodically to verify the compliance of the conditions. The counter-affidavit further states that the board is periodically monitoring the situation and taking necessary step in the interest of environment and public health. Upon submission of Safety data Sheet by respondent No. 13 under Rule 18 (2) of msihc Rules, the Board has called upon the port Trust and also the importer to strictly adhere to the statutory requirements. There is no violation or infringement of any law or order on the part of this Respondent. ( 10 ) PETITIONER have im pleaded visakhapatnam Port Trust, Visakhapatnam, kakinda Port Trust and Mumbai Port Trust as respondents 3, 4 and 5 respectively. Counter-affidavit has been filed by mr. Bathula Ratna Sekhar, Deputy Traffic manager (Commercial), on behalf of visakhapatnam Port Trust, who having gone through the counter-affidavit of Respondent no. 2 (a) adopts the same and further states that respondents 3 to 5 are responsible for the day-to-day management and administration and import of goods into the country. Respondent No. 6 and 7 are the chief Commissioner of Customs and Central excise, Visakhapatnam and Commissioner of Customs Mumbai respectively. He further states that M. V. Subba Reddy, Joint commissioner of Customs has filed counter- affidavit in detail and so far as the petitioners allegations to the extent are concerned, he would adopt the counter-affidavit filed on behalf of Respondents No. 6. It was further stated that the import of Ammonium Nitrate as per the current EXIM policy, is freely allowable. Full duty as leviable on ammonium Nitrate has always been declared in the Bills of Entry filed by various importers, and full duty has always been charged by the Customs without extending any concession in duty extendable to fertilizers. The members of the 1 st petitioner as well as the 2nd petitioner are desirous of eliminating or reducing competition in the internal market by obstructing import of ammonium Nitrate, and with the said avowed object, they have made unverified, wild and reckless allegations, including the allegation that the Ammonium Nitrate imported and cleared by the Customs is being misused to make explosives and thereby increase terrorist activities. It is alleged that the petitioners have not come with clean hands to Court and the petition is liable to be dismissed. ( 11 ) THE reply affidavit of Mr. Ratna shekar further states that Ammonium Nitrate used as a Fertilizer is classified by the customs Authorities under the sub-heading 3102. 30 and is assessed to duty at 30%+16%+4%. This Ammonium Nitrate is freely importable as per the provisions of the customs Act. Such ammonium nitrate is also classified by Chief Controller of explosives, Nagpur and the Chief Controller of Explosives. It is also covered under fertilizer Control Order, 1985 issued under essential Commodities Act. 1955. Samples are taken under the Customs Act and the goods are properly classified as non- fertilizers grade Ammonium Nitrate as per the classification given and duty is collected from the importer and depending on the classification made by the concerned authorities. ( 12 ) AMMONIUM Nitrate being specifically classified under Customs Tariff heading 3102. 30 and charged duty on that basis. The bill of Entry, which had been filed by the importer has shown the classification under customs Tariff Heading 3102. 30. The custom House has assessed the same under this heading and charged and recovered the duty leviable under Customs tariff. No concession of any nature has been given in respect of such imports by the importer as alleged by the petitioners. There is also no restriction on the import of ammonium Nitrate in terms of EXIM policy of the Government of India and has specifically denied any violations on the part of respondent No. 3. ( 13 ) ON behalf of Respondent No. 6 Mr. M. V. Subba Reddy, Joint Commissioner of customs, Visakhapatnam has filed a detailed affidavit denying petitioners allegations on merits saying that while importing Ammonium Nitrate, no misclassification is made and no statutory duty is being neglected by Respondent No. 6 while permitting the import. The allegation that Ammonium Nitrate is classified under cth sub-heading 3102. 30 of the Customs tariff Act and it is being imported under the cover of a fertilizer is not correct. The classification covers various grades of ammonium Nitrate. All varieties are not used as fertilizer. The item Ammonium Nitrate is being classified by the Customs authorities under Chapter sub-heading 3102. 30 and it is not a misclassification. 30 of the Customs tariff Act and it is being imported under the cover of a fertilizer is not correct. The classification covers various grades of ammonium Nitrate. All varieties are not used as fertilizer. The item Ammonium Nitrate is being classified by the Customs authorities under Chapter sub-heading 3102. 30 and it is not a misclassification. The item Ammonium nitrate is classifiable under Chapter 31 (Fertilizers) of the Customs Tariff Act, 1975. As per Note-2 (A) (2) of Chapter Notes of chapter Heading No. 31 of First Schedule to custom Tariff Act, envisages classification of ammonium Nitrate whether or not pure, under Chapter Heading 31. 02. 30 and more specifically under Chapter Heading 31-02-30. Accordingly Ammonium Nitrate is classified under the above Custom Tariff sub-heading and assessed to duty at 30% (basic customs duty) + 16% (Counterveiling duty) + 4% (SAD) by the Customs House, It is also stated that as per the EXIM policy, ammonium Nitrate is freely importable. As per the chapter Heading 31 of the harmonised commodity explanatory note, "it should be noted that the mineral or chemical products described in the limitative list of chapter 31 are classified in this heading even when they are clearly not to be used as fertilizer. The item may be used in the process of manufacture of explosives, but the end use of the goods is not the criteria for determining the classification of the goods. As long as specific entry exists for the item in chapter 31, under the specific sub-heading 31. 02. 30, the item is classifiable thereunder. ( 14 ) AFFIDAVIT of Respondent No. 5 also states that the Chief controller of Explosives, department of Explosives, Nagpur, by his letter dated 26-2-2003 clarified that the item ammonium Nitrate is itself not an explosive and does not come under the purview of the explosive Act and the rules administered by the department. The Government of India issued Fertilizer Control Order. 1985 under essential Commodities Act, which contains specification of fertilizers sold in the country, method of sampling and analysis as well as provision for appointment of enforcement agencies for regulating the trade and distribution of fertilizer. The product being imported has more than one end use. In such a situation, the Fertiliser (Control) order would not be applicable to this product. The product being imported has more than one end use. In such a situation, the Fertiliser (Control) order would not be applicable to this product. The Joint Secretary, Ministry of agriculture has written to Member (Customs), Central Board of Excise and customs, requesting that"since ammonium nitrate is not classified as Fertilizer in fertilizer Control order, 1985, it could be declassified from the list of fertilizers and it may not be treated as fertilizer while deciding the rate of customs duty on this import. Department of Revenue could also issue necessary instructions to Customs and the Port Authorities to ensure that the import of Ammonium Nitrate does nit take place as fertilisers. "in fact, no exemption of duty was allowed in respect of Ammonium Nitrate imported by importers through this port. There is also no condition regarding its end use envisaged in the Customs Tariff Act or under EXIM policy. Under such circumstances, the purpose for which the ammonium Nitrate was used, even it be assumed that it was not for fertilizer purpose, in any way it does not matter to Customs authorities, as long as such use does not infringe upon the provisions of any other Act. Goods were properly classified as non- fertilizer grade Ammonium Nitrate and full duty was also paid Ministry of agriculture expressed the view that since Ammonium nitrate was not classified as fertilizer in fertilizer in fertilizer Control Order, 1985, the customs Authorities must ensure that import of Ammonium Nitrate does not take place as fertilizer. It is stated that there is no violation or infringement whatsoever of the Customs act at Mumbai Custom House. ( 15 ) RESPONDENT 13 and 16 are out of those respondents against whom the petitioners have made specific allegation of violation of various provision, which led the petitioners in approaching the Court. They have vehemently opposed the petition and even questioned the bona fides of the petitioners in filing this writ petition as PIL. ( 16 ) THE Executive Director of respondents No. 13 Company in his affidavit submits that the petitioner have referred to an isolated incident, alleged to have taken place in France, which incident even if it is true, as alleged by the petitioners, the same is neither relevant nor gives any cause to the petitioners to approach this Court. ( 16 ) THE Executive Director of respondents No. 13 Company in his affidavit submits that the petitioner have referred to an isolated incident, alleged to have taken place in France, which incident even if it is true, as alleged by the petitioners, the same is neither relevant nor gives any cause to the petitioners to approach this Court. This incident, according to Respondents No. 13, involved low-density porous prilled ammonium nitrate and not Fertilizer Grade high Density Ammonium Nitrate. It is further stated that the petitioners have neglected and omitted to provide any details of the event and in any case nothing turns of that incident. The fact remains that the ammonium nitrate perse is not explosive as is confirmed by the Chief Controller of explosives. After narrating the difference between law density prilled ammonium nitrate and fertiliser Grade High Density ammonium nitrate, it is stated that his respondent had in conformity with requirements of Rule 18 of the Manufacture, storage and Import of Hazardous chemicals rules, 1989 provided to the concerned authorities the prescribed information relating to the High-Density ammonium nitrate, which is also known as fertiliser grade ammonium nitrate in international trade parlance and usage. The Pollution control Board, after due and proper consideration of the information and the product safety information has allowed the import of fertiliser grade ammonium nitrate in bulk by letter darted 8-4-2002. ( 17 ) RESPONDENT No. 13 has further states that there has been no import of ammonium nitrate of the so called explosive grade clandestinely as wrongly alleged by the petitioner and reiterates that the ammonium nitrate has been properly and correctly declared as fertiliser grade. There has been no breach of any direction of the Pollution control Board, the Customs act or the customs Tariff Act. The import of ammonium nitrate is entirely legal and that the import of the same cannot be lawfully prevented. He stated that Deepak Fertilisers and Petrochemicals Corporation Ltd. is manufacturing low-density porous prilled ammonium nitrate. This grade of ammonium nitrate is specially required for the manufacture of ANFO explosives, smartchem Technologies Ltd. are the only other manufacture of low-density porous prilled ammonium nitrate in the country. Deepak fertilizers and Petrochemicals corporation Ltd. has substantial investment in Smartchem Technologies Ltd, and is in fact managing and controlling all the affairs of this latter company. This grade of ammonium nitrate is specially required for the manufacture of ANFO explosives, smartchem Technologies Ltd. are the only other manufacture of low-density porous prilled ammonium nitrate in the country. Deepak fertilizers and Petrochemicals corporation Ltd. has substantial investment in Smartchem Technologies Ltd, and is in fact managing and controlling all the affairs of this latter company. Therefore, between these two companies, Deepak fertilisers and Petrochemicals Corporation Ltd. has an absolute monopoly in the domestic manufacture of low-density porous prilled ammonium nitrate. In view of the high cost of production of this grade of ammonium nitrate, it is neither economical, effective or necessary to use this high cost input in commercial blasting explosives other than anfo. Previously, using the monopoly position and in the absence of any alternative supply, the manufacture of explosives were not only forced to use the high-priced product but were also subject to the whims and fancies in supply and exploitation by Deepak fertilisers and petrochemicals corporation Ltd. In fact, it was Smartchem Technologies Ltd. , which first imported high-density ammonium nitrate and sold it to explosive manufacture in India at exorbitant prices with huge and unjustified profits. Faced with the monopolistic conduct and extreme overbearance and exploitation attitude of Deepak Fertiliser and petrochemicals Corporation Ltd. the domestic explosive manufactures had no other alternative except to seek direct import of high-density ammonium nitrate, which is also known internationally as fertiliser grade ammonium nitrate. ( 18 ) RESPONDENT N. 13 has thus alleged mala fides in filing the petition stating that ever since the explosive manufacture have sought and made alternative arrangements for reliable, economical and competitive supply directly through imports. M/s Deepak fertilizers and Petrochemicals Corporation Ltd. and the 2nd petition have constantly harassed and sought to obstruct lawful imports with a mala fide intention of blocking imports altogether and establishing a total unregulated monopoly over production and supply of prilled ammonium nitrate within the country. Deepak Fertilisers and petrochemicals Corporation Ltd. and the 2nd petitioner have wilfully and deliberately misinterpreted every conceivable provisions of law to harass the respondents and other explosives manufactures. Deepak Fertiliser and Petrochemicals Corporation Ltd. and smartchem Technologies Ltd. do not manufacture high-density prilled ammonium nitrate. They manufacture only the higher- priced low density prilled ammonium nitrate. They are unable to compete fairly with an alternative product available globally at a commercially competitive price. Deepak Fertiliser and Petrochemicals Corporation Ltd. and smartchem Technologies Ltd. do not manufacture high-density prilled ammonium nitrate. They manufacture only the higher- priced low density prilled ammonium nitrate. They are unable to compete fairly with an alternative product available globally at a commercially competitive price. The ma/a fide intention of these companies is to somehow shut out completely the availability of cheaper high-density ammonium nitrate so that all users are forced to purchase only the more expensive low-density ammonium nitrate produced by them and that to astronomical prices and unreasonable terms as an unregulated monopoly. This writ petition is filed in pursuance of rival interest and self-serving motive of the 2nd petitioner. ( 19 ) RESPONDENT No. 13 alleged that the policy of the Government, having regard to global trade agreements, is to freely allow global competition. Ammonium nitrate is allowed fore free import under Open General licence. The Fertiliser. Control Order has no application to Ammonium Nitrate. There is therefore no legal bar on the free import of ammonium Nitrate and its use in industrial applications or for the manufacture of explosives. The import is subject to payment of import duty at the full rate and no concession as available to fertilisers is being claimed or allowed. That policy, which implicitly requires domestic manufacture to compete with global alternatives, it sought to be disturbed and altered by the companies like Petitioner No. 2 for monopolistic advantage and undue exploitation by resort to these proceedings. ( 20 ) SWAPAN K. Howladar, Supply manager of Respondent No. 16 Company has taken similar stand as that of respondent No. 13 and has denied that there is any such grade of Ammonium nitrate called "explosive grade". Respondents No. 13 is engaged in the bulk purchasing of such high-density fertiliser grade ammonium nitrate from international sources and selling such ammonium nitrate to other manufactures of commercial blasting explosives apart from captive consumption. Respondent No. 16 purchases and imports ammonium nitrate Fertiliser grade for use in the manufacture of commercial blasting explosives. There being nothing known to trade as "explosive grade. " ammonium nitrate, the question of respondents 14 and 15 importing explosive grade ammonium nitrate does not arise. Respondent Nos. 14 and 15 also purchase, import and sell high-density ammonium nitrate, which is internationally referred to, known and sold as fertilizer Grade ammonium Nitrate. ( 21 ) IT is further stated by Respondent no. " ammonium nitrate, the question of respondents 14 and 15 importing explosive grade ammonium nitrate does not arise. Respondent Nos. 14 and 15 also purchase, import and sell high-density ammonium nitrate, which is internationally referred to, known and sold as fertilizer Grade ammonium Nitrate. ( 21 ) IT is further stated by Respondent no. 16 that Calcium Ammonium Nitrate is an admixture of ammonium nitrate with calcium carbonate and/or dolomite. It is not any grade of ammonium Nitrate. The Fertiliser control Order Part A Schedule I, Items 5 and 6 only require that such mixtures of ammonium Nitrate and/or dolomite called calcium Ammonium Nitrate should have a nitrogen content of a minimum of 25 or 26% respectively, therefore, it submitted that by no stretch of imagination, the said requirement as to Calcium ammonium nitrate can be construed to suggest that ammonium nitrate having a concentration either equal to 25% or 26% only is deemed to be of fertiliser of grade. Ammonium nitrate is a chemical. By reason of its molecular structure, pure ammonium nitrate would have a nitrogen content of 35%. All ammonium nitrate produced and sold would normally have a nitrogen content of over 34%. There may be, however, differences in the forms in which it is supplied _ low bulk density or high bulk density or a sprills (normal or porous), lumps, crystals, pellets or liquid melt. The distinction in classification and nomenclature of different grade is essential by reason of form and not by reason of nitrogen content. The High Density ammonium Nitrate which is also known and sold as Fertilizer Grade Ammonium Nitrate is the proper and economical raw material for the manufacture of commercial and blasting explosives (including those technologies developed after 1985) other than ANFO and it is this raw material that is imported by the respondent and the other explosive manufactures for use in the manufacture of commercial blasting explosives others than anfo. ( 22 ) RESPONDENT No. 16 has further explained that in international trade parlance and usage, Ammonium Nitrate having a bulk density exceeding 0. 85% g/cc or Ibs/cft is termed "high Destiny Ammonium Nitrate". By reason of wide use of such Ammonium nitrate, which has a nitrogen content typically of over 34%, as a fertiliser in several parts of the world, the High Density ammonium Nitrate is also classified, referred to, known and sold as "fertiliser Grade" ammonium Nitrate. 85% g/cc or Ibs/cft is termed "high Destiny Ammonium Nitrate". By reason of wide use of such Ammonium nitrate, which has a nitrogen content typically of over 34%, as a fertiliser in several parts of the world, the High Density ammonium Nitrate is also classified, referred to, known and sold as "fertiliser Grade" ammonium Nitrate. ( 23 ) RESPONDENT No. 16 then has referred to General Product Information on ammonium nitrate and Calcium Ammonium nitrate as published on the Interest by european Fertilizer Manufactures association (EFMA ). Respondent No. 16 has also referred to the materia! filed by respondent No. 13 i. e. extract from the glossary published by the International fertilizer Industry Association on the Internet for main fertiliser types and showing ammonium nitrate with a nitrogen content of 33. 5/34. 5%, extract of the showing different grades of Fertiliser Grade Ammonium nitrate with nitrogen content of 34. 5 and 34. 5% together with the related products specifications, copy of the quotation and specification given by CIS Agriferts Pte Ltd. , singapore, showing Ammonium Nitrate fertilisr Grade with a nitrogen content of 34. 4% minimum, product literature of acron describing Ammonium Nitrate as a nitrogen group fertiliser which may be used a component for explosive substances utilised in the mining sector as published on the Internet, a copy of the Quality and quantity Certificate issued by the independent Swiss inspection agency inspectorate (Suisse) S. A. at the port of lading of a consignment of Ammonium nitrate (Fertiliser Grade) showing the description, the specification requirement of nitrogen a 34. 4% minimum and the actual analysis at 34. 54%, product specification of azot, Russia a guidance note issued by the European Fertiliser manufactures association in respect of Ammonium Nitrate fertiliser and Calcium Ammonium Nitrate, copy of the decision of the United states International Trade Commission in investigation No. 731-TA-856 which discusses the products description, physical characteristics and uses and other material factors concerning Ammonium Nitrate, and a copy of the agreement between the United states Department of Commerce and the ministry of Trade of the Russian Federation suspending the antidumping inve^iycttion on solid fertiliser grade ammonium nitrate which shows the generally accepted understanding that solid fertiliser grade ammonium nitrate is that form of ammonium nitrate with the bulk density equal to or greater than 53 Ibs per eft. ( 24 ) THUS Respondent No. 16 would submit that the material documents placed on record clearly establish that Fertiliser grade Ammonium Nitrate, as globally referred to, known and sold, has a nitrogen content of typically over 34% and the same is also referred to as High Density ammonium Nitrate by reasons of the bulk density being equal to or more than 0. 85 g/cc or 53 Ibs/cft. ( 25 ) WE heard the learned counsel for the parties and have gone through the record. During the course of arguments, learned counsel for the petitioners and respondents have reiterated their respective stands taken in pleadings, which we need not repeat again. From the averments made in the Writ petition and the relevant portion of the stand taken by the respective respondents in their counter-affidavits, as noticed by us above it is evident that the grievance of the petitioners is purely based on technical aspects. All the respondents are specifically denying the petition assertions. ( 26 ) IN a writ petition of this nature filed as pil, when both the parties are sticking to their stand on technical interpretation as regards the grade of Ammonium Nitrate being imported, it is not open for the Court to go into the technical details or the minute distinction tried to be drawn by the petitioners herein, and record as finding on hypothetical in one way or the other. This court cannot go into the disputed questions, whether the Ammonium Nitrate having a particular concentration of Nitrogen alone is to be treated as Fertilizer Grade or whether ammonium Nitrate having a particular concentration is to be treated as Explosive grade. The allegation of the petitioners is that Respondents 13 to 15 are clandestinely importing Ammonium Nitrate of Explosive grade in bulk by misdeclaring it as a fertiliser Grade and that the official respondents have failed to discharge their statutory duties and thereby prevent the clandestine import and illegal sale of ammonium Nitrate of Explosive Grade. According to the stand taken by the official respondents, the Ammonium Nitrate has been correctly classified under the Tariff Act and there is not misclassification. It has been asserted by the official respondents that no exemption of duty was allowed in respect of ammonium Nitrate imported by the importers through the Ports. According to the stand taken by the official respondents, the Ammonium Nitrate has been correctly classified under the Tariff Act and there is not misclassification. It has been asserted by the official respondents that no exemption of duty was allowed in respect of ammonium Nitrate imported by the importers through the Ports. Full duty is being cha/ged on the imports of Ammonium nitrate and no concession of whatever nature has been allowed to the importers. According to them, Ammonium Nitrate per se is not explosive and the same is confirmed by the Chief Controller of explosives. It has further been stated that since Ammonium Nitrate is not classified as a fertiliser, instructions have been issued to the Customs and Port Authorities to ensure that import of Ammonium Nitrate does not take place as fertilizers. ( 27 ) WE cannot in exercise of writ jurisdiction hold that what classification in fertiliser Controller Order ought to have been made or that it should have been different therein than the one given as alleged by the petitioners or that under the customs Tariff Act, classification ought of have been as is suggested by the petitioners. We have to take the classification of the products as specified in the respective Fertiliser Control Order and the Customs Tariff Act. It has neither been shown nor demonstrated before us on behalf of the petitioners that per the classification under the Fertilizer (Control) Order or the customs Tariff Act, any violation is being permitted by the authorities. The official respondents have specifically stated that the complaints made by the petitioners were received and were duly looked into. All efforts are being made to subject the products imported to tests of find out about the alleged violations, if any, Rather no violation has been noticed. As regards realisation of appropriate customs duty, it is specifically stated that there has been no violation. As regards storage also it is stated that appropriate steps have been taken to ensure that the directions of Respondent no. 2 (a) are not violated. The storages are being closely monitored at the respective ports. ( 28 ) IN such technical matters, there should not be any interference by the Courts more particularly in such like petitioners, which are filed as PIL by persons having business rivalry and who are highly interested. 2 (a) are not violated. The storages are being closely monitored at the respective ports. ( 28 ) IN such technical matters, there should not be any interference by the Courts more particularly in such like petitioners, which are filed as PIL by persons having business rivalry and who are highly interested. On technical aspects of the matter, Respondents 13 and 16 in their detailed counter-affidavits have demonstrated that the stand of the petitioners is not true and as a business rivalry and under some misapprehension, the petitioners have approached this court. The fact remains that the two companies namely Deepak Fertiliser and petrochemicals Corporation Ltd. and smartchem Technologies Ltd. manufacture low-density prilled ammonium nitrate. They do not manufacture high-density prilled ammonium nitrate and since the products manufactured by them is priced higher and they are unable to compete fairly with the alternative product available globally at a commercially competitive price, an effort appears to have been made by them to exert pressure on the importers so that they may purchase more expensive low-density ammonium nitrate produced by them rather than purchase cheaper high-density ammonium nitrate for their purpose. ( 29 ) WE are satisfied that the Respondent have demonstrated that the petition has been filed in pursuance of trade rivalry, trade interest and self-serving motive of the second petitioner. Petitioner No. 1 is not yet registered as an association and Petitioner no. 2 claims to be its promoter, which is also a manufacturer of high priced low-density prilled ammonium nitrate and because of the high Prices, it is unable to compete globally because of available of high-density ammonium nitrate at cheaper price. ( 30 ) WHEN issues raised in a petition filed as PIL involve technical aspects, in the absence of any public interest involved, it would be difficult for the Court exercising extraordinary jurisdiction under Article 226 to interfere. The Pollution Control Board in its counter- affidavit categorically stated that the board is periodically monitoring the situation and has taken necessary step, in the interest of environment and public health and appropriate directions have been issued in regard thereto. As already observed, the specific case of the unofficial respondents is that there is no infringement of violation of nay statutory provisions in the import of ammonium Nitrate and all statutory provisions are being duly complied with. As already observed, the specific case of the unofficial respondents is that there is no infringement of violation of nay statutory provisions in the import of ammonium Nitrate and all statutory provisions are being duly complied with. ( 31 ) HAVING carefully considered the respective stands taken by the parties, we are of the view that no element of public interest is involved in this Writ Petition warranting interference by us since respondents are discharging their duties in accordance with the provisions of law. We are of the view that the purpose of filing the petition as PIL is not bona fide and would thus close the petition without any directions. No order as to costs.