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2019 (9) TMI 1321 - HC - Indian LawsFixation of importable quantity of goods - Non-fixation of the Country Cap and registration of contracts prior to the declaration of the Country Cap - petitioners submits that in case the Turkish Authorities upload the contracts for export/import into India of quantity more than the Country Cap, the respondents would have to device some scheme for ensuring equitable distribution of the importable quantity amongst all the applicants - HELD THAT - This is totally based on hypothesis and presumptions and as and when the situation would arise, it would be for the respondents to take a decision thereon - It is also noted that Clause -3 of the MOU between India and Turkey on Trade of Poppy Seeds published on 23.05.2018 in paragraph-3 thereof, in fact, makes the above eventuality almost an impossibility. Petition disposed off.
Issues:
Exemption application, Impleadment request, Stay application, Grievance regarding non-fixation of Country Cap, Equitable distribution of importable quantity, Interpretation of MOU between India and Turkey on Trade of Poppy Seeds. Exemption Application: The court allowed the exemption subject to all just exceptions in the case. Impleadment Request: The court noted the communication received by the Narcotics Commissioner from the Turkish Embassy and handed over a copy to the petitioners. The petitioners' grievance regarding the non-fixation of the Country Cap and registration of contracts prior to the Country Cap declaration was considered satisfied. The court stated that if Turkish Authorities upload contracts for export/import exceeding the Country Cap, the respondents must ensure equitable distribution of the importable quantity among all applicants. The court deemed this concern hypothetical and noted that the MOU between India and Turkey on Trade of Poppy Seeds makes such a scenario almost impossible. The petition was disposed of with no order as to costs. Stay Application: No specific decision or order was mentioned regarding the stay application in the judgment. Grievance Regarding Non-fixation of Country Cap: The petitioners' grievance regarding the non-fixation of the Country Cap and registration of contracts before the Country Cap declaration was addressed and considered satisfied by the court. Equitable Distribution of Importable Quantity: The court highlighted the need for the respondents to devise a scheme for ensuring equitable distribution of the importable quantity among all applicants if Turkish Authorities upload contracts for export/import exceeding the Country Cap. The court considered this scenario hypothetical and noted that the MOU between India and Turkey on Trade of Poppy Seeds almost makes it impossible. Interpretation of MOU between India and Turkey on Trade of Poppy Seeds: The court referred to Clause-3 of the MOU between India and Turkey on Trade of Poppy Seeds, published on 23.05.2018, which almost makes the hypothetical scenario of exceeding the Country Cap in contracts for export/import an impossibility. This detailed analysis covers the issues raised in the judgment, providing a comprehensive understanding of the court's decision and reasoning.
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