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TMI Blog2014 (9) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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. - Public Interest Litigation No. 12894 of 2014 - - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of import contracts involves verification of the legitimacy of the transaction and of the genuineness of the importer and that other government agencies or international organisations are consulted as and when required. The National Policy emphasises that before registering such contracts, the Narcotics Commissioner must satisfy himself that the country from which the poppy seeds are proposed to be imported (i) legally cultivates opium poppy; and (ii) can produce the quantity of seeds which are sought to be imported. The statements in both these policy documents constitute a matter of high public policy for the Union Government in its stated object to combat the international trade in narcotic drugs and psychotropic substances. CBN canno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ective countries. No imports would be allowed from a particular country, once the cap for the said country is reached. To implement this decision, Narcotics Commissioner will have to be in regular touch with the Customs authorities of the ports of import about the quantum of imports of poppy seeds already made in the year. He will also need to inform the ports when the cap for any particular country is reached so that no further import from the said county lake place from any port. (ii) For the FY 2014-15 onwards, the following steps will be taken by the Narcotics Commissioner : (a) He will determine the exportable surplus of the exporting countries of poppy seeds so as to arrive at the country caps. (b) Po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al import of white poppy seeds into India does not exceed the legitimate production or stocks available for exports from the exporting countries. The guidelines sufficiently take care of this aspect both, for the current financial year, i.e. 2013-14 and for the succeeding financial year, i.e. 2014-15. Prayer clause-B seeks a mandamus to the respondents to give effect to the communication that was issued by the CBN on 10 January 2014. By that communication, a circular was issued calling for information from the importers in respect of each registration from 1 April 2013, requiring the disclosure of registration number and date, quantity registered, quantity already imported and cleared as on 10 January 2014, quantity imported but not cleared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... succeeding financial years. 7. The petitioners have in their petition sought to highlight that between December 2013 till 15 February 2014, stock of 6567 metric tonnes of poppy seeds was shipped from Turkey to India and it is contended on their behalf that the available stock of white poppy seeds in Turkey was only 3000 metric tonnes. 8. We are not entering into any disputed area of facts at this stage since CBN is statutorily bound to look into all these aspects in terms of the guidelines which have been issued by the Government of India. Having due regard to the fact that the current financial year is come to an end on 31 March 2014, it is only to be expected that CBN will ensure that it discharges its duties and obligations cast u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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