(A.M. Khanwilkar and C.T. Ravikumar, JJ.)
Petition(s) for Special Leave to Appeal (C) No(s). 4900-4905/2021, decided on February 25, 2022
Union of India and Others ________________________ Petitioner(s);
v.
Amrut Impex ____________________________________ Respondent.
(IA No. 133645/2021 – Application For Permission
IA No. 42839/2021 – Exemption From Filing C/C of the Impugned Judgment
IA No. 133688/2021 – Permission to File Additional Documents/Facts/Annexures
IA No. 133687/2021 – Permission to File Additional Documents/Facts/Annexures)
Petition(s) for Special Leave to Appeal (C) No(s). 4900-4905/2021; WP(C) No. 8668/2020; WP(C) No. 8669/2020; WP(C) No. 8670/2020; WP(C) No. 8671/2020; WP(C) No. 8676/2020; WP(C) No. 9625/2020; IA No. 133645/2021; IA No. 42839/2021; IA No. 133688/2021; and IA No. 133687/2021
The Order of the court was delivered by
Order
1. Mr. N. Venkatraman, learned Additional Solicitor General appearing for the petitioners, has invited our attention to paragraph 10 of the rejoinder affidavit dated 14.02.2021 sworn by Mr. Tapan Kumar Satpathy, Under Secretary to the Govt. of India, Ministry of Finance, Department of Revenue. The same reads thus:
“… The revised guidelines of registration for import of poppy seed from China have been approved by the competent authority and communicated to Central Bureau of Narcotics for fixation of country cap and initiation of registration process. In furtherance of this communication, Central Bureau of Narcotics vide Public Notice No. 1/2022 dated 07.01.2022 has invited applications for registration of sales contract for import of poppy seeds from China in the year 2021-22…”
2. He also invited our attention to the public notice No. PS-01/2022 dated 07.02.2022, in particular, Clause (viii) of Paragraph 2 thereof, which read thus:—
“(viii) Copy of import related documents i.e. invoice, certificate of origin, bill of entry, bill of lading etc. for import of white and yellow poppy seeds from China imported against the contract registered in the month of November, 2019.”
3. He submits that similar notification has been issued in respect of import of poppy seeds from Turkey in the year 2021-22. Furthermore, the respondent(s) herein can avail of the benefits of the aforementioned notification and apply for registration, if so advised.
4. Dr. A.M. Singhvi, learned senior counsel appearing for the respondent(s) submits that the respondent(s) will have no difficulty in accepting this proposal but apprehend that the cut-off date for filing application must have lapsed.
5. That apprehension can be assuaged by directing the petitioners to accept the applications to be filed by the respondent(s) herein within one week from today. This relaxation will apply only to the respondent(s) before this Court and none-else; and this order shall not be treated as precedent in any other case as it is being passed in exercise of plenary powers under Article 142 of the Constitution of India.
6. In view of the above, it is not necessary to dilate on the correctness of the judgment under challenge in the present special leave petitions, except to observe that the High Court ought not to have departed from the policy in vogue – as has been done in paragraph 20 of the impugned judgment. We do not approve of that.
7. These special leave petitions are disposed of accordingly.
8. Pending applications, if any, stand disposed of.
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