SACHEE AGRO TRADING PVT LTD Vs. UNION OF INDIA
LAWS(BOM)-2016-1-192
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on January 29,2016

Sachee Agro Trading Pvt Ltd Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Heard. By way of the present petition, the petitioner has prayed for calling of the records of Public Notice No. PS7/2015 from File No. XVI/13/13/N/PS/CC/2015 dated 14-9-2015 issued by respondent No. 4 and after perusing the same quashed and set aside the same as it has been issued contrary to the public policy and constitutional guarantee of equality.
(2.) The petitioner deals in the business of poppy seeds. The petitioner imports the poppy seeds for its business from various countries including Turkey. Since the business of import of poppy seeds is controlled by respondent No. 4-The Narcotics Commissioner, respondent No. 4, in exercise of his powers, has issued a public notice dated 14-9-2015. The said public notice, which concerns the import from Turkey, provides that the applicants, who are in category 'A' and have imported poppy seeds from Turkey to India at least for three financial years during the last five financial years, will be allotted a quantity from the provisional country cap of Turkey on the basis of average ratio of the import. It further provides that the importers, who are categorized under category 'B', shall be given the balance amount of provisional quota after allocation is done as per clause (a) of the said notice. It is the submission of the petitioner that the categorization in two categories; category 'A' and category 'B', is violative of mandate of Article 14 of the Constitution of India in as much as it discriminates between the traders and importers.
(3.) However, when the matter was listed yesterday, we were prima facie of the view that Nagpur Bench of Bombay High Court will not be having territorial jurisdiction to entertain this petition in as much as no part of cause of action arises within the territorial jurisdiction of this Bench. As such, we requested Shri Gordey, learned Senior Counsel and Shri Deo, learned A.S.G.I. to enlighten us on the issue.;


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