Page 187 - ELT_15th July 2020_Vol 373_Part 2

2020 ] A.D. ENTERPRISE v. UNION OF INDIA 169
(3) The conduct of the respondents itself suggest that they have devised
the impugned policy with a view to favour few players and also to
ensure ouster genuine first-time importers.
3. The writ-applicant has made available in writing for the convenience
of this Court the relevant dates and events, which are as under :

Date Event
2016 Condition No. (c) came to be introduced in Chapter No. 12 of the
Import Policy whereby the Respondent No. 1 was granted the
power to regulate the import of the poppy seeds in India.
July, 2016 That in accordance with the above-mentioned conditions, the Re-
spondent No. 2 decides country cap, quantitative restriction, etc.
for the import of the poppy seeds from different countries.
Such country cap, quantitative restrictions, etc. are notified by way
of issuing Public Notices from time to time.
Under the said public notices, the Respondent No. 2 herein also
lays down a procedure for the import of the poppy seeds in India
from different countries.
Under the public policy, between 2016 to 2019, the procedure that
was followed for the import of the poppy seeds in India from dif-
ferent countries was broadly as under :
 The applicants desirous to import the poppy seeds from Turkey
shall apply in the prescribed proforma to register their sales
contract with the Respondent No. 2.
 Each applicant could register sales contracts for the quantity
applied for or 90 Mts, whichever is less.
 Furthermore, when the quantity available for allocation to the
applicants was insufficient to allocate to all the applicants, se-
lection of the application was done on the basis of draw of lots.
 The applicants who did not receive allocation due to the coun-
try cap getting exhausted were kept in the wait-list. The appli-
cants put in the wait-list due to exhaust of the country cap were
allowed in the order of the priority list drawn at the time of the
allocation of country cap.
Furthermore, after the last date for registration, the names of all
the successful applicants were published on the website which
ensured transparency in the process.
25-6-2019 However, to the utter shock and surprise of the petitioner, the Re-
spondent No. 2 herein issued the public notice and introduced
new policy for importing the poppy seeds from Turkey.
The said policy was drastically different from the existing policy
and it provided for the allotment of contract based on first come
first serve basis.
That vide public notice viz PS No. 9/2019, dated 25-6-2019, the
Respondent No. 2 had notified the guidelines for “Registration of
sales contract” in respect of any import of the poppy seeds from
Turkey. That under the said notification, the country cap of the
purpose of the import of the poppy seeds from Turkey was re-
quired to be approved by the Department of Revenue on the basis
of the recommendation by the committee comprising of the Re-
spondent No. 2, one representative of the Directorate General of
EXCISE LAW TIMES  15th July 2020  187