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2020 (2) TMI 856 - HC - CustomsImport of Poppy Seeds - prohibited goods or not - validity of guidelines dated 13th September 2019 for the registration of the sales contract for the import of the poppy seeds from Turkey to India issued vide Public Notice No.PS-11-2019 - HELD THAT:- We take notice of the fact that the guidelines dated 25th June 2019 issued by the Central Bureau of Narcotics to regulate the import into India of the poppy seeds was the subject matter of challenge before the Bombay High Court in the case of Chailbihari Trading Private Limited and another v. Union of India and another [2019 (8) TMI 1387 - BOMBAY HIGH COURT] - the Bombay High Court took the view that there is a power to regulate and a power to impose quantitative restrictions, and in the absence of challenge to the exercise of such power, the guidelines in the form of policy cannot be declared as ultra vires the provisions of the Constitution of India. The Bombay High took the view that the guidelines are a step towards implementing a policy that had been in place past couple of years but, was in furtherance of a policy to promote the larger public interest. Although we are not inclined to strike down the guidelines in the form of a policy as ultra vires the provisions of the Constitution of India, yet we remind the Union of India of the observations made by the Delhi High Court in DEVKI GLOBAL CAPITAL PVT. LTD. AND ANR. VERSUS UNION OF INDIA AND ORS. [2019 (9) TMI 1321 - DELHI HIGH COURT]. After the decision of the Bombay High Court referred to above, the policy came to be amended with effect from 13th September 2019. We have already given a fair idea as regards the fine points of distinction between the old policy and the new policy. There has been a remarkable shift in the new policy, however, what is hurting the writ-applicant is the policy of 'first-come-first-serve'. This, according to the writ-applicant, is violative of Article 14 of the Constitution of India. Needless to mention at this stage that it is the prerogative of the respondents to frame a policy. However, such policy must be transparent, fair and reasonable. We suggest that the Union should consider framing a policy which provides for a fair chance to every applicant in procuring the importable quantity irrespective of the date of their application. Such process must be transparent and fair. The process can be made more transparent if the list of successful candidates is uploaded on the website of the respondent no.2 as was being done before the policy dated 25th June 2019. Adopting a methodology of first-come-first-serve has inherent flaws and anybody having access to the power corridor at some level is likely to secure unfair advantage at the cost of the other applicants who may not have similar access. In such circumstances, it is suggested that the respondents should device a better mechanism/policy for the allotment of quota so as to make the process much more competitive, transparent, fair and reasonable. Application disposed off.
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