MANSINGH RAJPOOT Vs. STATE OF M P

JUDGEMENT

(1.) Regard being had to the similar controversy involved in above three cases, they have been heard analogously together with the consent of the parties and a common order is being passed in the matter. Facts of Writ Petition No. 4564 of 2011 (O) are narrated as under. The petitioner before this Court is aggrieved by the order dated 13.5.2011 issued by the Collector, Mandsaur to make available remaining stock of poppy straw as on 31.3.2011.

(2.) Petitioner's contention is that a licence was issued to the petitioner for the purposes of sale and purchase of poppy straw by the respondents, in light of powers conferred under sections 8, 10, 71 and 78 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'the NDPS Act, 1985').

(3.) Petitioner's contention is that every financial year, licences are issued for sale and purchase of poppy straw and a notification to that effect was issued on 17.2.2010. Petitioner was granted a licence is terms of Rules of 1985 i.e., Poppy Straw Licence II for sale and purchase of poppy straw for District Mandsaur group for the financial year 2010-2011 and he being the highest bidder was granted a licence. The licence was valid upto 31.3.2011. The petitioner's contention is that the respondents be restrained from destroying the poppy straw stock stocked by the petitioner as it valued more than 25 crores and the respondents cannot be permitted to destroy the same. Petitioner has also stated that as he was not able to dispose of the entire poppy straw during the validity of the licence period and, therefore, the respondents be restrained from destroying the poppy straw, which is available with the petitioner. It is also been stated that in light of the meeting of Council of Ministers held on 18.3.2010 and the consequential communication later on received dated 25.3.2010, the petitioner is not required to destroy the poppy straw.