Court: Poppy seed import requests should not be rejected based on country cap. Guidelines should follow first-come, first-serve basis.

The Court held that import registration requests for poppy seeds should not be rejected solely based on the country cap, emphasizing equitable distribution. The guidelines should operate on a first-come, first-serve basis if TMO's registration is exhausted due to the cap, contrary to the current practice. The Court issued notice on the matter, with respondents' counsel accepting and seeking time for instructions. Further hearing was scheduled for 29.07.2019.

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Issues:
Challenge to notification on import guidelines for poppy seeds.

Analysis:
The petitioners challenged a notification dated 25.06.2019, which outlined guidelines for importing poppy seeds. According to the guidelines, importers needed to register the import contract with the Turkish Grain Board (TMO) and then apply for registration with the Narcotics Commissioner, with a maximum import quantity set at 450 MT. The petitioners' main grievance was the lack of opportunity to register their contracts. They were informed that the country cap had been reached, leading to the rejection of their import registration request by TMO. The Court agreed that if imports are to be distributed equitably in India, the petitioners' registration request should not be rejected solely based on the country cap. The Court noted that if TMO's registration is exhausted due to the country cap, the guidelines should operate on a first-come, first-serve basis, which was not the intended methodology under the guidelines.

The Court issued notice on the matter, with the respondents' counsel accepting the notice and requesting time to seek instructions. The case was listed for further hearing on 29.07.2019.

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