Page 192 - ELT_15th July 2020_Vol 373_Part 2

174 EXCISE LAW TIMES [ Vol. 373

nized in NDPS Policy of Government of India in Para 17 which is repro-
duced below :
“17. Import of poppy seeds will continue till self-sufficiency is
achieved. The policy is to allow import of poppy seeds from any
country provided it has originated in any of the countries author-
ised internationally to grow opium poppy for export and that it has
been legitimately cultivated. No import will be allowed from coun-
tries where opium poppy is not legitimately cultivated. All con-
tracts for import of poppy seeds will be compulsorily registered
with the Narcotics Commissioner. Before registering such contracts,
the Narcotics Commissioner shall satisfy that the country from
which the poppy seeds are proposed to be imported legally culti-
vates opium poppy and can produce the quantity of seeds which
are sought to be imported.”
2.7 Accordingly, the import of poppy seeds is regulated by Narcotics
Commissioner in the light of NDPS Policy as emphasized in the above deci-
sion of Hon'ble Allahabad High Court.
2.8 Keeping the above objectives in mind, Government of India devised
the mechanism to regulate import of poppy seeds into India by way of
framing of guidelines from time to time and Narcotics Commissioner acts
in accordance with these guidelines so framed to achieve the prescription
contained in Para 17 of the NDPS Policy.
2.9 Hon’ble Madras High Court in their order dated 12-4-2014 in WP No.
5019/2016 have inter alia held that guidelines framed by Department of
Revenue to regulate import of poppy seeds into India is not backed by any
statutory power, as such the guidelines cannot override import and export
policy formulated by Union Government. Consequent to this decision Min-
istry of Commerce and Industry vide Notification No. 17/2015-20, dated
29-7-2016 empowered Department of Revenue to issue guidelines which
may inter alia provide for fixing of country cap, quantitative restrictions etc.
Para 3(c) of the said Notification is reproduced below :
“All import contracts for this item shall compulsorily be registered
with the Narcotics Commissioner, Gwalior prior to import in ac-
cordance with the guidelines issued by the Department of Revenue,
which may, inter alia, include fixing of country caps, imposing
quantitative restriction, if any, per importer or any other relevant
provisions as deemed necessary for implementation of National
Policy on Narcotic Drugs and Psychotropic Substances.”
2.10 The vires of this Notification were again challenged before Hon’ble
Karnataka High Court who vide their order dated 9-2-2018 in WP No.
58197-58198/2016 repelled such challenge and inter alia upheld that the said
Notification is in accordance with law.
2.11 The above submissions clarifies the legal basis of regulating import of
poppy seeds into India though admittedly poppy seeds are not covered
under NDPS Act, 1985, being a non-narcotic item.
3.1 The only grievance raised by the petitioner is that when exporter of
petitioner approached Turkish Grain Board for registration of sales con-
tract, it was intimated to him (exporter of Turkey) that country cap fixed for
import of poppy seeds is already exhausted. This grievance is primarily
against Competent Authorities of Turkish Grain Board and this grievance
against TMO is within the jurisdiction of Competent Courts of Turkey.
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