Page 185 - ELT_15th July 2020_Vol 373_Part 2

2020 ] A.D. ENTERPRISE v. UNION OF INDIA 167
05.00 p.m. If circumstances such as pressure of work so require, the Court
may commence the sittings by 10.00 a.m. and continue until such hour as
may be necessary :
Provided that no Court shall, on any day, be held before 7.30 a.m. :
Provided further that the existing Rules made by District manage-
ments for the guidance of Benches in their several districts as to the times
and places of sitting shall continue in force until modified or withdrawn.”
13. Thus the Court of Sessions conducts work from the time it sits till
the time it rises. No specific advantage, can be taken that a petition filed at 10.30
a.m. should be taken into consideration first and a complaint filed at 04.25 p.m.
should be rejected, only because it was filed later in the evening. The entire rea-
soning cannot stand scrutiny. I am not deliberately going into facts of the case
but since the prosecution had filed an additional complaint, on the same date
when the accused had also availed of his remedy under Section 167(2) Cr.P.C.,
implicating two further accused, enclosing further documents and further state-
ments and also stating that the mobile phones had been recovered which have
been forwarded to forensic the indefeasible right which had accrued to the ac-
cused, the Learned Judge was wrong in granting bail. Accordingly, I hold that
this Criminal Original Petition must be allowed and the bail granted by the
Learned Sessions Judge in Crl. M.P. No. 131 of 2019 is cancelled and the Investi-
gating Officer is directed to take the accused into custody forthwith.
_______
2020 (373) E.L.T. 167 (Guj.)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala and Bhargav D. Karia, JJ.
A.D. ENTERPRISE
Versus
UNION OF INDIA
R/Special Civil Application No. 16588 of 2019, decided on 16-1-2020
Import of poppy seeds - Regulations - First come first serve - Guide-
lines by Central Bureau of Narcotics (CBN) to regulate import of poppy seeds
from Turkey whether an unconstitutional restriction on petitioner’s right to
trade and carry on business - Source of power under Narcotic Drugs & Psycho-
tropic Substances Act, 1985 and Foreign Trade (Development & Regulation)
Act, 1992 not questioned - Merely saying that a certain clause is, in the peti-
tioner’s view, sub-optimal, or leaves something to be desired, is not enough to
warrant a striking down of the notification - HELD : Although Court not in-
clined to strike down the guidelines in the form of a policy as ultra vires the
provisions of Constitution of India, yet the Union of India directed to remind
observations of Delhi High Court in the order dated 11-9-2019 in Writ Petition
(C) No. 7676 of 2019 - It is prerogative of UOI to frame a policy - However, such
policy must be transparent, fair and reasonable - Union of India should con-
sider framing a policy which provides for a fair chance to every applicant in
procuring the importable quantity irrespective of the date of their application -
Such proven must be transparent and fair - Adopting a methodology of first
come first serve has inherent flaws and anybody having access to powers cor-
ridor at some level is likely to secure unfair advantage at the cost of other ap-
plicants who may not have similar access - Union of India directed to device a
EXCISE LAW TIMES  15th July 2020  185