TaxTMI 
TaxTMI 
TaxTMI 
2019 (8) TMI 1387
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....s to produce poppy seed for human consumption, chiefly in bread and pastry. In kitchens in India, we know it as khas-khas. The second is to produce opium for pharmaceutical use. The third is to produce other alkaloids, mainly thebaine and oripavine. These are processed by the pharmaceutical industry into drugs such as hydrocodone and oxycodone. Opium ("poppy tears"; Lachryma papaveris) is the dried latex obtained from Papaver somniferum. Approximately 12% of the opium latex is made up of the analgesic alkaloid morphine. This is processed chemically to produce heroin and other synthetic opioids. Opium was prohibited in many countries during the early 20th century, leading to the modern pattern of opium production as a precursor for illegal recreational drugs or tightly regulated legal prescription drugs. The sale of poppy seeds from Papaver somniferum is banned in several jurisdictions for this morphine content and heroin potential: Singapore, Taiwan, China, and Saudi Arabia among other countries have complete or partial restrictions. 2. The Petitioners decry guidelines dated 25th June 2019 issued by the 2nd Respondent, the Central Bureau of Narcotics ("CBN") to regulate the import....
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....layers, and that the old system of drawing of lots is preferable. Then it is argued that once a Turkish exporter is registered with the Turkish Board, or TMO, then requirement of the Indian importer having to register is arbitrary and unreasonable. It is a duplication of work. It introduces unnecessary red tape. Earlier, the restriction was a maximum of five containers. By raising this to 25, the 'rich and powerful importers take all the cake', is the allegation. Finally, it is argued that the timeframes are unrealistic and are a form of invidious discrimination. These are the principal submissions and grounds to assail the notification. 8. In our view, they are without merit. There is no fundamental right to be an importer. There is no fundamental right to import poppy seeds. There is no fundamental right to import anything without restrictions, or only on terms beneficial to a particular person. In mounting such a challenge, the burden on the Petitioner is to show that the notification is manifestly arbitrary, i.e. that a patent arbitrariness exists on the face of it, without requiring any convoluted argumentation. It must, alternatively, be shown to be ex facie discriminatory, ....
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....oca leaf, cannabis (hemp), opium poppy straw and includes all manufactured drugs. Opium poppy, under Section 2(xvii) means the plant of the species Papaver Somniferum L and the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted or which the Central Government declares by notification to be an opium poppy. Opium straw is defined in Section 2(xviii) to mean all parts except the seeds of the opium poppy after harvesting, whether in their original form or cut, crushed or powered and whether or not any juices has been extracted therefrom. These definitions are immediately relevant to Rules 53 to 56 under Chapter VI of the NDPS Rules. These tell us that while the import of opium and concentrate of poppy straw is forbidden save by the Government Opium Factory (along with morphine, codeine, thebaine and their salts), every import of a narcotic drug or a psychotropic substance requires an import certificate. Thus, the poppy seed is not itself a narcotic; but they come from the poppy plant, which has narcotic properties and from which other derivatives (poppy straw in particular) are produced. 11. The power to impose quantitative restriction....
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.... State to promote health and nutrition. This country is a signatory to at least three international conventions on drug-related matters, viz., Single Convention on Narcotic Drugs, 1961, Convention on Psychotropic Substances, 1971 and the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. The Division Bench noted from an affidavit fled on behalf of the CBN, Gwalior that the Policy governing poppy seeds imports prescribes three conditions for such imports. The first of these is as to point of origin: the import must originate only from the countries stipulated in the Import Policy as amended. The second condition is that the importer must produce a certificate from the competent authority of the exporting country that the opium poppy has been grown legally in that country. The third condition is that all import contracts have to be compulsorily registered with the Narcotics Commissioner, Central Bureau of Narcotics, Gwalior. We pause to note that, therefore, the multiple grounds and objections before us today regarding this registration are not new. In fact, the Petitioners themselves had to have followed them in the past. 14. The Allahabad Di....