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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 ..... reely 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 (Exim Code 12079100) shall be allowed subject to the following conditions: (a) Import permitted only from Australia, Austria, France, China, Hungary, The Netherlands, Poland, Slovakia, Spain, Turkey and Czech Republic, (b) The importer shall produce an appropriate certificate from the competent authority of the exporting country that Opium Poppy have been grown licitly/legally in that country as per requirements of International Narcotics Control Bureau (c ) All import contract for item shall be compulsory be registered with the Narcotics Commissioner, Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 the above cited order in paragraph Nos.19 and 21 had held that the first respondent herein/4th respondent has to confine the exercise of his power only in relation to the duties and responsibilities spelt out in Chapter 12 of Exim Code 12079100 relating to import of poppy seeds and except imposition of the three conditions, the fourth respondent is estopped from imposing any other conditions as it will run contrary to the policies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 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 power as are necessary for prohibiting, restricting or otherwise regulating the import of poppy seeds in compliance with Section 5 of the Foreign Trade (Development and Regulation) Act, 1952. Therefore, I hold that the fourth respondent has to confine the exercise of his power only in relation to the duties and responsibilities spelt out in Chapter 12 of Exim Code 1207 91 00 relating to import of poppy seeds and they are (i) whether the import of the poppy seeds i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elines 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 to impose the conditions in the public notice, which is impugned in this writ petition, as a measure of regulating and controlling the import of poppy seeds. I am unable to accept this contention. It is well settled that circulars, administrative instructions or letters of authorisation cannot over ride the statute. The Export-Import Policy announced by the Central Government in exercise of power under Section 5 of the Foreign Trade (Development and Regulation) Act has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 therefore, they cannot have any say in this writ petition. 11. This Court, in the light of the above facts and circumstances and without going into the merits of the application submitted by the petitioner, directs the second respondent to entertain the application dated 18.04.2016 in accordance with law in the light of the order dated 05.04.2016 made in W.P.No.5029 of 2016 and pass orders within a period of three weeks from the date of receipt of a copy of this order and communi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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