2014 (9) TMI 439 - HC - Customs

Import of poppy seeds - importer contended that he was unaware of the fact that the final guidelines have been issued by the Government of India - on 14 February 2014, guidelines have been issued by the Government of India, Ministry of Finance, Department of Revenue for the registration of import contracts for import of poppy seeds into India - Held that - Since the guidelines have been issued just over a fortnight ago, we consider it appropriate not to find fault with the fourth respondent, but would expect that the fourth respondent shall perform its duties and obligations for the enforcement of the obligations cast upon it, as explained in the judgment of this Court 2014 (9) TMI 288 - ALLAHABAD HIGH COURT and as has now been formulated in the binding guidelines dated 14 February 2014. The guidelines, which have been formulated on 14 February 2014, shall apply both to the current financial year, i.e. 2013-14, for which affirmative duties and obligations have been cast upon the fourth respondent and for the succeeding financial years. CBN will ensure that it discharges its duties and obligations cast upon it by virtue of the guidelines so as to obviate a situation where any illegal import of poppy seeds takes place into India even during the current financial year. - Petition disposed of.

Summary

Issues:
1. Interpretation of regulatory provisions in the Import Policy regarding the import of poppy seeds.
2. Compliance with guidelines issued by the Government of India for the registration of import contracts for poppy seeds.
3. Petition seeking a mandamus to ensure legitimate import of poppy seeds and compliance with government guidelines.

Issue 1: Interpretation of Regulatory Provisions:
The judgment stemmed from a previous case involving regulatory provisions in the Import Policy concerning the import of poppy seeds. The court emphasized the importance of following the rules of the Central Bureau of Narcotics (CBN) as outlined in the National Policy on Narcotic Drugs and Psychotropic Substances and the Manual. The court highlighted that while the Import Policy holds statutory force, the Narcotics Commissioner must adhere to the guidelines set out in the Manual and the National Policy. The court stressed the significance of verifying the legitimacy of import transactions and the genuineness of importers to combat illegal trade in poppy seeds.

Issue 2: Compliance with Government Guidelines:
Following the court's previous judgment, the Government of India issued guidelines for the registration of import contracts for poppy seeds. The guidelines, issued in February 2014, outlined procedures for registering import contracts, country caps, and steps for future import years. The court noted that the guidelines addressed concerns raised in the petition regarding the total import of white poppy seeds not exceeding legitimate production or stocks available for exports. The court highlighted the importance of the Narcotics Commissioner's role in monitoring imports and ensuring compliance with the guidelines to prevent illegal imports.

Issue 3: Petition for a Mandamus:
The petition filed sought a mandamus to ensure that the total import of white poppy seeds into India aligns with legitimate production and stocks available for exports. The court observed that the guidelines issued by the Government of India adequately addressed the concerns raised in the petition. The court emphasized the need for the Narcotics Commissioner to enforce the guidelines effectively to prevent illegal imports of poppy seeds. Despite grievances regarding the absence of prescribed caps for certain countries, the court directed the fourth respondent to fulfill its duties as per the guidelines.

In conclusion, the court disposed of the petition, expecting the Narcotics Commissioner to fulfill obligations under the guidelines to prevent illegal imports of poppy seeds. The judgment underscored the importance of adhering to regulatory provisions and government guidelines to regulate the import of controlled substances effectively.