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TMI Blog2016 (7) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... or of appellant. - W. P. No. 15979 of 2016 - - - Dated:- 20-6-2016 - M. Sathyanarayanan, J. For the Petitioner : Mr.P.S.Raman, Senior Counsel, M/s.Lakhsmi Kumaran For the Respondents : Mr. R. Govindasamy ORDER The petitioner claims that it has been a regular importer of poppy seeds and also given the details of the imports made by them in paragraph No.1.1 of the affidavit filed in support of this writ petition. The petitioner would state that poppy seeds are classified under Exim Code 12079100 of the ITC (HS) and could be imported freely into India subject to satisfaction of policy principles in Chapter No.12. The policy conditions are as follows: Policy condition of this Chapter (3) Import of Poppy seeds (Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions. The grievance expressed by the petitioner is that in respect of the above said application, no orders have been passed and consequently, the petitioner is being threatened with arbitration and other actions as per the contract on account of the delay and therefore, came forward to file this writ petition. 3. Mr.P.S.Raman, learned Senior Counsel assisted by M/s.Lakshmi Kumaran, learned counsel appearing for the petitioner has drawn the attention of this Court to the order dated 05.04.2016, made in W.P.No.5019 of 2016 [M/s.Green Globe Trading Company, Chennai Vs. The Union of India, Represented by its Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi-110 001 and others] and would submit that this Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the materials placed. 7. It is relevant to extract paragraph Nos.19 and 21 of the order dated 05.04.2016 made in W.P.No.5019 of 2016 (Cited Supra): 19. On a reading of Section 3, 5 and 6 mentioned above, it is evident that even for regulating or effectively implementing the policy of the Central Government, the fourth respondent has no power to impose any other conditions other than the one prescribed in EXIM Code 1207 91 00 relating import of poppy seeds. There is no delgation of power in favour of the fourth respondent to impose the conditions in the impugned public notice. There is no order passed by the Central Government by publishing it in the official gazzette specifically authorising the fourth respondent to exercise such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the policies of the Central Government to which the fourth respondent is not empowered to. 21. Admittedly, the three conditions imposed in Chapter 12 of Exim Code 1207 91 00 have not been amended by the Central Government by issuing a notification in the official gazzette. However, the learned Additional Solicitor General placed reliance on a letter dated 22.01.2016 issued by the Government of India, Department of Revenue enclosing a copy of the revised guidelines approved by the competent authority for registration of sales contracts for import of poppy seeds from China and Czech Republic. By placing reliance on the above letter dated 22.01.2016, the learned Additional Solicitor General traces the power of the fourth respondent t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aph No.19, this Court has made it very clear that except imposition of three conditions, the first respondent herein is estopped from imposing any other conditions as it will run contrary to the policies framed by the Central Government under the Exim Code. 9. Though it is open to the second respondent to come out with the policy decisions in the light of the said order, the fact remains, as on today, the above cited order passed in W.P.No.5109 of 2016 holds the field. 10. Insofar as the submission made on behalf of the intervenor viz., M/s.Green Globe Trading Company, this Court is of the view that the remedy if any, open to them is to approach the second respondent for expediting the issue of the new/fresh policy decision and theref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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