AYURVEDA SEWASHRAM KALYAN SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) The import of khas khas or poppy seeds, which is governed by the EXIM policy of the day forms the subject matter of these proceedings in public interest. The petition has been brought before the Court by a body which is described as Ayurveda Sewashram Kalyan Samiti, Allahabad. The petitioner seeks (i) a mandamus commanding the respondents to strictly adhere to the conditions enunciated in a notification dated 5 October 2012; (ii) a writ restraining the respondents from allowing import of khas khas from any country not specified in the notification; (iii) a mandamus to lay down a procedure by which first preference should be given to Indian farmers for selling their produce in the Indian market between the harvesting season and September; and (iv) a mandamus directing the respondents not to register any contract for import of khas khas and, if the contracts have already been registered, they should be cancelled and further, not to allow any import under licences or permissions until a procedure is framed in the interest of Indian farmers.

(2.) Poppy seeds or khas khas are a by-product of poppy. Poppy seeds do not constitute a narcotic substance. However, since they emanate from the poppy plant, which has narcotic properties, they are the subject matter of regulation under the EXIM policy. Chapter 12 of the Import Policy contains heading 1207, which applies among other things to poppy seeds. The poppy seeds are governed by heading 1207 91 00. The policy contemplates free import of poppy seeds subject to certain conditions, which have been specified. Condition-3, as it was originally framed, provided the following stipulations for the import of poppy seeds:

(3.) An amendment to the aforesaid condition was brought into force by a notification dated 5 October, 2012. As originally framed, condition-3 contained three stipulations; (i) import of poppy seeds was permitted only from eleven countries specifically named; (ii) the importer was required to produce an appropriate certificate from the competent authority of the exporting country that opium poppy has been grown licitly/legally in that country; and (iii) all import contracts are required to be compulsory registered with the Narcotics Commissioner, Central Bureau of Narcotics, Gwalior. By the amended notification, the number of countries from where the import of poppy seeds may be made has been increased to seventeen. The second condition has been modified to provide that the importer shall produce an appropriate certificate from the competent authority of the exporting country that the opium poppy has been grown licitly/legally in that country. The third requirement is as before.