VANSH BAHADUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, in the instant writ petition, has questioned the correctness and validity of the order dated 16.01.2006 passed by the General Manager, Government Opium and Ksharod Factory, Gazipur, U.P. (opposite party no. 3) and the appellate order dated 14.08.2007 passed by the Chief Controller, Government Opium and Ksharod Factory, Gwaliar, Madhya Pradesh (opposite party no. 2). Apart from above, the petitioner has also challenged the order dated 14.08.2007 passed by the District Opium Officer, Barabanki (opposite party no. 4), whereby the petitioner has been required to deposit a sum of Rs. 16400/-.

(2.) Submission of learned counsel for the petitioner is that petitioner is a cultivator of opium for which he has been granted licence by the competent authority. According to the petitioner, in the crop year 2003-04, the petitioner produced the opium and the same was delivered by him to the District Opium Officer, Barabanki (opposite party no. 4). The opium produced by the petitioner was measured and taken by the opposite party no. 4, which was classified as Class III (Soem) category. The total cost of opium delivered by the petitioner was fixed as Rs. 18239/- and 90% of the amount i.e. Rs. 16400/- was paid to the petitioner.

(3.) Contention of the petitioner is that after lapse of considerable long time, a show-cause notice dated 05.08.2005 was issued to the petitioner, indicating therein that the petitioner's opium has been found adulterated and to show-cause why the same may not be confiscated under Rule 22 of the Narcotic Drugs & Psychotropic Substances Rules, 1985. In this context, the petitioner was directed to appear before the General Manager, Government Opium and Ksharod Factory, Ghazipur, U.P. (opposite party no. 3) on 19.08.2005.