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2016 Supreme(Bom) 610

B.R.GAVAI, P.N.DESHMUKH
SACHEE AGRO TRADING PVT. LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: A.M. Gordey, S.V. Bhutada.
For the Respondent: Rohit Deo.

JUDGMENT :

Heard.

2. By way of the present petition, the petitioner has prayed for calling of the records of Public Notice No. PS7/2015 from File No. XVI/13/13/N/PS/ CC/2015 dated 14-9-2015 issued by respondent No. 4 and after perusing the same quashed and set aside the same as it has been issued contrary to the public policy and constitutional guarantee of equality.

3. The petitioner deals in the business of poppy seeds. The petitioner imports the poppy seeds for its business from various countries including Turkey. Since the business of import of poppy seeds is controlled by respondent No. 4-The Narcotics Commissioner, respondent No. 4, in exercise of his powers, has issued a public notice dated 14-9-2015. The said public notice, which concerns the import from Turkey, provides that the applicants, who are in category 'A' and have imported poppy seeds from Turkey to India at least for three financial years during the last five financial years, will be allotted a quantity from the provisional country cap of Turkey on the basis of average ratio of the import. It further provides that the importers, who are categorized under category 'B', shall be given the balance amount of provisional





















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