K.C.Agarwal, CJ. - (1.)This appeal has been preferred against the judgment of a learned Single Judge allowing the Writ Petition of M/s. Narayani Trading Concern (Private) Limited by issuing Writ of Mandamus for returning the Poppy Seeds imported from Pakistan through the Calcutta Port is transit to Nepal.
(2.)The respondent was engaged in importation of various goods for consumption in Nepal. In that connection it imported 32 Metric Tonnes of White Poppy Seeds in 458 bags at Kathmandu, Nepal through the Calcutta Port in transit to Birganj. Invoice necessary for that purpose was accordingly raised and the said goods were shipped to Calcutta by M.V. Eagle Moon Breeze under Bill of Lading No. 5699581, dated 30th June, 1994.
(3.)On 6th December, 1991 a 'TREATY OF TRANSIT between HIS MAJESTY'S GOVERNMENT OF NEPAL and GOVERNMENT OF INDIA' was entered into. That Treaty was animated by the desire to maintain, develop and strengthen the existing friendly relations and co-operation between the two countries recognising that Nepal is lani-locked country and as such, it needs access to and from the sea to promote its international trade. The object of the Treaty further was that the Contracting Parties shall accord to "traffic in transit" freedom of transit across their respective territories through routes mutually agreed upon. No distinction shall be made which is based on flag of vessels, the places of origin, departure, entry, exit, destination, ownership of goods or vessels.
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