Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights October 2024 Year 2024 This

This case involves a challenge to the guidelines issued by the ...


Court Upholds CBN Guidelines on Poppy Seed Imports; Dismisses Allegations of Cartelization and Fraud.

October 5, 2024

Case Laws     Customs     HC

This case involves a challenge to the guidelines issued by the Central Bureau of Narcotics (CBN) regarding the registration of sales contracts for importing poppy seeds from Turkey. The petitioners alleged cartelization, monopolization, and fraudulent practices in the import of poppy seeds, and sought to quash the impugned guidelines. The High Court dismissed the petition, relying on its previous decision in Devki Global Capital, which held that the registration of sales contracts by the Turkish Grain Board (TMO) is an internal matter governed by Turkish law, over which Indian authorities have no jurisdiction. The Court emphasized that the CBN's role is limited to registering contracts duly registered by the TMO, as per the MoU between India and Turkey. The Court also cited the Supreme Court's ruling in Balco Employees' Union, which cautions against judicial interference in matters of economic policy unless there is manifest illegality or mala fide intent. Finding no such grounds, the Court upheld the guidelines and dismissed the petition.

View Source

 


 

You may also like:

  1. Seeking grant of extension of two months to enable them to complete the import of “poppy seeds” - non-grant of extension is stated to be justified is that the lock-down...

  2. Import of poppy seeds - contracts for import of poppy seeds from Turkey - Non-registration by the respondent no.2- the Narcotics Commissioner - Clause 3 of the MOU...

  3. Classification of importers of poppy seeds - cap on import of poppy seeds - It could be seen that even an importer, who continuously imports for a period of two years,...

  4. The case pertains to the demand for differential duty of customs on the import of poppy seeds, alleging undervaluation. The respondent's declared price for poppy seeds...

  5. The notification introduces a temporary shift from a 'Restricted' to a 'Free' import policy for melon seeds, effective from May 1, 2024, to June 30, 2024. This...

  6. Classification of imported goods - dried pomegranate seeds/anardana - The contention of the Revenue that the Import Policy is in the nature of delegated legislation...

  7. Amendment in import policy of seeds of Peas

  8. Import of flower seeds - Even the Tariff recognizes seeds for sowing and plants and parts thereof differently - No contravention of provisions of Courier Import &...

  9. The court upheld the Tribunal's order dismissing the appeals, as it aligned with the Division Bench's decision in Tarajyoth Polymers Ltd. case, where the retrospective...

  10. Section 43D and Rule 6EB form a comprehensive code for deduction on account of non-performing assets (NPAs), distinct from NHB guidelines classifying NPAs. The court...

  11. The Public Notice issued by the DGFT introduces the Melon Seeds Import Monitoring System (MS-IMS) and outlines procedures for import registration. Importers are required...

  12. Amendment in Import Policy Condition of Water Melon Seeds under ITC(HS) Code 1207 70 90 of Chapter-12 of ITC (HS), 2022, Schedule-I (Import Policy) - Import of Water...

  13. Import of poppy seeds from the supplier of China - permission for import of restricted items - second respondent directed to entertain the application in accordance with...

  14. The Supreme Court examined the validity of a guideline issued by the Institute of Chartered Accountants of India (ICAI) imposing a numerical restriction on the maximum...

  15. Customs broker licence revocation - importer engaged appellant to file import bill of entry but appellant used another broker's credentials instead of its own - imported...

 

Quick Updates:Latest Updates