Sadiq Mohammed v. The Narcotics Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.5103, 5106 & 5200 of 2019 Sadiq Mohammed ... Petitioner Vs 1.The Narcotics Commissioner, Central Bureau Narcotics, Headquarters Office, 19, The Mall, Morar, Gwalior, Madhya Pradesh - 474 006.
2.The Director, (Narcotics Control), Ministry of Finance, Department of Revenue, Room No.48C, North Block, New Delhi - 110 001.
3.The Special Secretary (Revenue), Ministry of Finance, Department of Revenue, Room No.146C, North Block, New Delhi - 110 001.
... Respondents 1/6
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in the Public Notice F.No.XV1/13/13/Czech/N/PS/2018 dated 08.01.2019 and the subsequent public notices and the minutes of the proceedings of 'Draw of Lots' held on 06.02.2019 at Central Bureau of Narcotics, Headquarters Office for drawing the priority list of applications for registration of sales contract for import of poppy seeds from Czech Republic and quash the same and direct the respondents for drawing of Memorandum of Understanding with Czech Republic and thereafter call for the application for import afresh.
For Petitioner : Mr.K.Jayalakshman For Respondents : Mr.B.Rabu Manohar Senior Central Government Panel Counsel (SCGPC)
ORDER
The petitioner has challenged the impugned public notice bearing Public Notice No.PS-1 of 2019 dated 08.01.2019 of the first respondent.
2. The impugned Public Notice has been issued in compliance with the guidelines communicated by the Ministry of Finance Letter bearing 2/6
Ref.F.No.22012/12/2016-NC-1 dated 01.01.2019. The applications were called from the applicants for registration of sales contract for import of white poppy seeds from Czech Republic.
3. As per the impugned Public Notice, an applicants desirous to import poppy seeds from Czech Republic were to register the sales contract in the prescribed proforma with the Narcotics Commissioner, Gwalior, prior to import. They were required to furnish the documents for registration of sales contract for import of poppy seeds. An applicant was also required to furnish the sales contract in original duly signed by the importer as well as the exporter. There are other requirements prescribed for furnishing the necessary informations along with the application on or before 29.01.2019.
4. A reading of the above public notice indicates that the notifications are issued by the first respondent pursuant to the guidelines communicated by the Ministry of Finance from time to time based on the impending imports.
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5. Considering the fact that the issue pertains to issue of license during 2019, the writ petition has been rendered as infructuous. Nothing further survives for adjudication at this distant point of time as the fresh public notices have been issued for registering fresh sales contract for import of white poppy seeds.
6. This Writ Petition is therefore dismissed as infructuous with the above observations. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
14.10.2022 Index : Yes/ No Speaking/Non-Speaking Order arb 4/6
To 1.The Narcotics Commissioner, Central Bureau Narcotics, Headquarters Office, 19, The Mall, Morar, Gwalior, Madhya Pradesh - 474 006.
2.The Director, (Narcotics Control), Ministry of Finance, Department of Revenue, Room No.48C, North Block, New Delhi - 110 001.
3.The Special Secretary (Revenue), Ministry of Finance, Department of Revenue, Room No.146C, North Block, New Delhi - 110 001.
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C.SARAVANAN, J.
arb and W.M.P.Nos.5103, 5106 & 5200 of 2019 14.10.2022 6/6