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2020 ] A.D. ENTERPRISE v. UNION OF INDIA 173

8. Mr. Dave also seeks to rely upon the following decisions :
(1) Raj Kumar Chaudhary v. State of U.P. and Others, (2012) 5 ADJ 427;
(2) Pawan Bhatia and Others v. State of Haryana and Others, (2015) 4 RCR
(Civil) 666.
9. In such circumstances referred to above, Mr. Dave prays that there
being merits in his petition, the same be allowed and the reliefs prayed for be
granted.
Submissions on behalf of the respondents :
10. Mr. Devang Vyas, the Learned Assistant Solicitor General of India
appearing for the respondents has vehemently opposed this writ-application.
11. According to Mr. Vyas, the guidelines framed by the Union of India
for the registration of the sales contract for the import of the poppy seeds from
Turkey to India are just, proper and very much in consonance with Article 14 of
the Constitution of India. According to Mr. Vyas, the guidelines are in the form
of a policy and this Court should be slow to interfere with such policy decision of
the Government. Mr. Vyas seeks to rely upon the following submissions made in
the affidavit-in-reply filed on behalf of the respondents.
“2.1 The Respondent states that it is proper to say poppy seeds are not
narcotic substance though they are coming out of poppy plant. This posi-
tion is legally accepted, as evident from definition of poppy straw as de-
fined in Section 2(xviii). The said definition is reproduced below :
“(xviii) ’poppy straw’ means all parts (except the seeds) of the
opium poppy after harvesting whether in their original form or cut,
crushed or powdered and whether or not juice has been extracted
therefrom;”
2.2 The regulation of import of poppy seeds into India comes through
resolution No. 1999/32, dated 28-7-1999 passed by the Economic and Social
Counsel of United Nations. This resolution calls upon the member States of
United Nations to fight the international trade in poppy seeds from coun-
tries where no licit cultivation of opium poppy is permitted. It stipulates
that poppy seeds should be imported only from countries in which opium
poppy is licitly cultivated in accordance with Single Convention on Narcot-
ic Drugs, 1961. It also encourages Governments of member countries to put
in place regulation to obtain country of origin certificates of poppy seeds
for the purposes of importation into their countries.
2.3 The above resolution of Economic and Social Counsel of United Na-
tions tries to ensure that poppy seeds generated in illicit cultivation of opi-
um poppy by drug syndicates does not get market, otherwise such inad-
vertent procurement of poppy seeds (produced out of illicit crop) will indi-
rectly promotes such illegal cultivation. In other words, the attempt was
that sale of poppy seeds (produced as a by-product of illicit cultivation of
opium poppy) should not become a source of finance for drug syndicates
engaged in illegal cultivation of opium poppy.
2.4 The above resolution of 1999 of Economic and Social Counsel was re-
affirmed by Commission of Narcotic Drugs in the year 2008 in the form of
resolution 51/15.
2.5 India being signatory to United Nations Conventions on Narcotic
drugs and being a member of United Nations followed the resolution of
1999 issued by Economic and Social Counsel. This position is also recog-
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