- (1.) THESE proceedings, which have been filed in the public interest are, if one may use that expression, an off shoot of the earlier judgment of this Court dated 29 November 2013 in Ayurveda Sewashram Kalyan Samiti v. Union of India and Others (Public Interest Litigation No. 22067 of 2013) : (2014 (305) E.L.T. 246 (All.)). While dealing with the regulatory provisions contained in the Import Policy in relation to regulating the import of poppy seeds, this Court had dealt with the rules of the Central Bureau of Narcotics (CBN) as set out in the National Policy on Narcotic Drugs and Psychotropic Substances and the Manual. While interpreting the rules of CBN, this Court observed as follows: - 21. Consequently, both the Manual, to which a reference has been made above, and paragraph 17 of the National Policy must furnish useful guides to the Narcotics Commissioner for the discharge of his functions. Undoubtedly, neither the Manual nor the National Policy can override a document such as the Import Policy which has statutory force but, at the same time, the Narcotics Commissioner in the discharge of his functions must be guided by the role, which has been ascribed to him by both the aforesaid documents. The Manual specifies that the registering of import contracts involves verification of the legitimacy of the transaction and of the genuineness of the importer and that other government agencies or international organisations are consulted as and when required. The National Policy emphasises that before registering such contracts, the Narcotics Commissioner must satisfy himself that the country from which the poppy seeds are proposed to be imported (i) legally cultivates opium poppy; and (ii) can produce the quantity of seeds which are sought to be imported. The statements in both these policy documents constitute a matter of high public policy for the Union Government in its stated object to combat the international trade in narcotic drugs and psychotropic substances. CBN cannot denude itself of the obligation and function which has been cast upon the Narcotics Commissioner. The discharge of the functions by the Narcotics Commissioner must be consistent with the purpose of implementing the important stipulations, which have made in the Import Policy for protecting the nation against the serious consequences of an illegal trade in poppy seeds. In pursuance of the judgment of this Court, draft guidelines were issued on 9 January 2014 by the Government of India, Ministry of Finance, Department of Revenue for the registration of import contracts for import of poppy seeds into India. The Director General of Foreign Trade, the Central Board of Excise and Customs and the Narcotics Commissioner, Central Bureau of Narcotics were furnished time until 17 January 2014 to offer their comments on the draft guidelines. Subsequently, on 14 February 2014, guidelines have been issued by the Government of India, Ministry of Finance, Department of Revenue. The guidelines, insofar as is material, provide as follows: - The competent authority has approved the following guidelines for registering of import contracts by the Narcotics Commissioner. (i) For the current financial year (2013 -14), in which there are less than 2 months left, imports may be permitted on the basis of valid import contracts, subject to country caps. The caps for the countries may be determined by the Narcotics Commissioner after ascertaining the production and stocks of the respective countries. No imports would be allowed from a particular country, once the cap for the said country is reached. To implement this decision, Narcotics Commissioner will have to be in regular touch with the Customs authorities of the ports of import about the quantum of imports of poppy seeds already made in the year. He will also need to inform the ports when the cap for any particular country is reached so that no further import from the said county take place from any port. (ii) For the F.Y. 2014 -15 onwards, the following steps will be taken by the Narcotics Commissioner: (a) He will determine the exportable surplus of the exporting countries of poppy seeds so as to arrive at the country caps. (b) Poppy seeds import contracts will be registered on first come first served basis, till the caps for the respective countries is reached. (c) The import contracts will be valid for only 3 months. If the quantity mentioned in the contract is not imported in this period, or only partly imported, the said quantity or the balance quantity will be released and can be allotted to other importers, again on first come first served basis. (d) The Narcotics Commissioner will seek the country of origin certificate, even at the time of registering of import contracts.
(2.) THIS petition was filed on 25 February 2014. At that stage, it was the submission of the petitioner that he was unaware of the fact that the final guidelines have been issued by the Government of India, as noted above. The prayers in the petition are to the following effects: - A. MANDAMUS, thereby commanding the respondents to ensure that the total import of white poppy seeds into India does not exceed the legitimate production or stocks available for exports, from the exporting countries; and B. Mandamus, thereby commanding the Respondents to give effect to and act upon the order/communication dated 10 -1 -2014 issued by Respondent No. 4. Prayer clause -A now stands worked out in terms of the guidelines issued by the Government of India, Ministry of Finance on 14 February 2014. In prayer clause -A, the petitioner seeks a mandamus so that the respondents may take due steps to ensure that the total import of white poppy seeds into India does not exceed the legitimate production or stocks available for exports from the exporting countries. The guidelines sufficiently take care of this aspect both, for the current financial year, i.e. 2013 -14 and for the succeeding financial year, i.e. 2014 -15. Prayer clause -B seeks a mandamus to the respondents to give effect to the communication that was issued by the CBN on 10 January 2014. By that communication, a circular was issued calling for information from the importers in respect of each registration from 1 April 2013, requiring the disclosure of registration number and date, quantity registered, quantity already imported and cleared as on 10 January 2014, quantity imported but not cleared as on 10 January 2014, quantity shipped but which had not reached at an Indian Port as on 10 January 2014 and the balance as on 10 January 2014 (in metric tonnes). This circular, as the learned Assistant Solicitor General of India points out, was based on the draft guidelines dated 9 January 2014, which were still to be finalised as enforceable guidelines and hence, the circular was kept in abeyance on 20 January 2014. Now that the Government of India has issued binding guidelines to the Narcotics Commissioner of the CBN, the fourth respondent is under a mandate to comply with the terms of the said guidelines.
(3.) A grievance has been made on behalf of the petitioner that though the guidelines have been issued on 14 February 2014, no caps have been prescribed after ascertaining the production and stocks of the respective countries.;