Page 195 - ELT_15th July 2020_Vol 373_Part 2

2020 ] A.D. ENTERPRISE v. UNION OF INDIA 177

13. Having heard the Learned Counsel appearing for the parties and
having gone through the materials on record, the only question that falls for our
consideration is, whether the writ-applicant is entitled to any of the reliefs
prayed for in this writ-application.
Analysis :
14. We take notice of the fact that the guidelines dated 25th June, 2019
issued by the Central Bureau of Narcotics to regulate the import into India of the
poppy seeds was the subject matter of challenge before the Bombay High Court
in the case of Chailbihari Trading Private Limited and Another v. Union of India and
Another (Civil Writ Petition No. 7469 of 2019, decided on 28th August, 2019). We
quote the judgment thus :
“1. Papaver somniferum, commonly known as the opium poppy or
breadseed poppy, is a species of flowering plant in the family Papaverace-
ae. From it are derived opium and poppy seeds. The plant can be grown
domestically in a garden, but is said to be historically native to the eastern
Mediterranean. It is cultivated on a large-scale for three primary purposes.
The first is to produce poppy seed for human consumption, chiefly in bread
and pastry. In kitchens in India, we know it as khas-khas. The second is to
produce opium for pharmaceutical use. The third is to produce other alka-
loids, mainly thebaine and oripavine. These are processed by the pharma-
ceutical industry into drugs such as hydrocodone and oxycodone. Opium
(“poppy tears”; Lachryma papaveris) is the dried latex obtained from Pa-
paver somniferum. Approximately 12% of the opium latex is made up of
the analgesic alkaloid morphine. This is processed chemically to produce
heroin and other synthetic opioids. Opium was prohibited in many coun-
tries during the early 20th century, leading to the modern pattern of opium
production as a precursor for illegal recreational drugs or tightly regulated
legal prescription drugs. The sale of poppy seeds from Papaver somnifer-
um is banned in several jurisdictions for this morphine content and heroin
potential: Singapore, Taiwan, China, and Saudi Arabia among other coun-
tries have complete or partial restrictions.
2. The Petitioners decry guidelines dated 25th June, 2019 issued by the
2nd Respondent, the Central Bureau of Narcotics (“CBN”) to regulate the
import into India of poppy seeds. The proposed import in question is from
Turkey. According to the Petitioners, these guidelines are an unconstitu-
tional restriction on their right to trade and carry on business.
3. We disagree.
4. That poppy seed import into India is regulated by the CBN is undis-
puted. The Petitioners are registered importers. They have the necessary li-
censes. They agree, further, that there is annual cap or quota on poppy seed
import from various points of origin. There is a cap on the quantity that
may be imported for each foreign exporter country. Until recently, import
permissions were by sale of lots.
5. On 25th June, 2019, the 2nd Respondent issued the impugned public
notice No. 9/2019, notifying guidelines for registration of sales contract in
regard to poppy seed imports from Turkey. A copy of these guidelines is at
Exhibit “E” to the Petition, from page 32 onwards. We go to those directly.
6. The guidelines are specific to poppy seed imports from Turkey. They
speak, in clause I, of a determination of a country cap. This cap is to be ap-
proved by the Department of Revenue, based on a recommendation by the
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