KANWARLAL Vs. UPAYUKAT NARCOTICS

JUDGEMENT

(1.) In all these writ petitions, petitioners seek to challenge the order of the District Opium Officer whereby the prayer made by petitioners for grant of licence of for opium poppy cultivation for the crop-year 1994-95 has been rejected. They further challenge the appellate order passed by the Assistant Commissioner of Narcotics whereby the appeal preferred by them against refusal to grant the licences for cultivation of opium poppy have been dismissed.

(2.) Applications for grant of licence filed by petitioners have been rejected by the District Opium Officer on the ground that in the crop-year 1993-94 total produce given by them was below 43 K.G. per hectare. The Appellate Authority has confirmed the aforesaid order. According to petitioners refusal of licence on the ground that the total produce given by them from the crop year 1993-94 is less than 43 K.G., cannot be made a ground for refusal of grant of licence for the crop year 1994-95 unless prior notice is given to them. It has been stated by petitioners that prior notice was given for grant of licence for the crop year 1992-93, wherein it was stated that in case less than 38 K.G. per hectare produce is given, licence shall not be given for the crop year 1993-94. It has been stated that no such notice was given for grant of licence for the crop year 1994-95. It has been further stated that on 23-3-1994 although a notice was given that licence shall not be given to those farmers who give less than 65 K.G. of opium per hectare but the same was given after commencement of the crop season and therefore it cannot be construed as prior notice.

(3.) Learned counsel for petitioners submit that as no prior notice was given regarding weight of opium to be deposited in the previous year for the grant of licence for the subsequent crop year 1994-95, action of respondents in refusing to grant licence on the ground of less production is arbitrary and deserves to be set aside on this ground alone. It is further submitted that in any view of the matter less deposit of opium produce for the crop year 1994-95 cannot be taken into consideration for grant of licence for the crop year 1995-96 and the same if at all is relevant for the next crop year only.