KANHAIYALAL AND COMPANY Vs. CENTRAL BUREAU OF NARCOTICS

JUDGEMENT

(1.) Feeling aggrieved by the order dated 8th March, 2010 passed by learned Single Bench of this Court in Writ Petition No. 5660/2009 Bora Agri Tech and Anr. v. The Central Bureau of Narcotics and Ors. dismissing the Writ Petition filed under Article 226/227 of the Constitution of India, this appeal has been filed under Section 2(I) of the Madhya Pradesh Uchha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam 2005.

(2.) On going through memorandum of Writ Petition, we find that following reliefs have been sought by the appellant:

(3.) The appellant, who was writ petitioner No. 2 before Writ Court alongwith respondent No. 4, filed the Writ Petition with the averments that they are registered partnership firms and they entered into two contracts on 12-9-2009 i.e., TTHK09030 and TTHK09031 with Tampico Trading (HK) Limited, Hong Kong, for import of Denature White Poppy Seeds of quantity 700 mtns. and 400 mtns, respectively from China. Thereafter, the petitioners vide letters dated 12th September, 2009 submitted an application for registration of contract No. TTHK09030 and TTHK09031 with M/s Tampico Trading (HK) Limited, Hong Kong, for importing Denature White Poppy Seeds to the Central Bureau of Narcotics according to the policy of the Government. Vide impugned letter dated 17-11-2009, the Narcotics Commissioner refused to register the aforesaid contracts. As per Writ Petitioners, the exporters Tampico Trading (HK) Limited, Hong Kong, had a certificate in its possession that it could buy Denature White Poppy Seeds from Gansu Yubazoe Nongken Poppy Seed Biology Company Limited, China, and in spite of that, respondent No. 1 refused to register the contracts which is arbitrary, illegal and violative of Article 19(j) of the Constitution of India. The petitioners further submitted that it is also in violation of the directions issued by the Union of India and as per the EXIM Policy of the Government of India.