1. Regard being had to the similar controversy involved in above three cases, they have been heard analogously together with the consent of the parties and a common order is being passed in the matter. Facts of Writ Petition No.4564 of 2011(O) are narrated as under.

2. The petitioner before this Court is aggrieved by the order dated 13.5.2011 issued by the Collector, Mandsaur to make available remaining stock of poppy straw as on 31.3.2011.

3. Petitioner’s contention is that a licence was issued to the petitioner for the purposes of sale and purchase of poppy straw by the respondents, in light of powers conferred under sections 8, 10, 71 and 78 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ‘the NDPS Act, 1985’).

4. Petitioner’s contention is that every financial year, licences are issued for sale and purchase of poppy straw and a notification to that effect was issued on 17.2.2010. Petitioner was granted a licence is terms of Rules of 1985 i.e. Poppy Straw Licence II for sale and purchase of poppy straw for District Mandsaur group for the financial year 2010-2011 and he being the highest bidder was granted a licence. The licence was valid upto 31.3.2011. The petitioner’s contention is that the respondents be restrained from destroying the poppy straw stock stocked by the petitioner as it valued more than 25 crores and the respondents cannot be permitted to destroy the same. Petitioner has also stated that as he was not able to dispose of the entire poppy straw during the validity of the licence period and, therefore, the respondents be restrained from destroying the poppy straw, which is available with the petitioner. It is also been stated that in light of the meeting of Council of Ministers held on 18.3.2010 and the consequential communication later on received dated 25.3.2010, the petitioner is not required to destroy the poppy straw.

5. On the other hand, learned Government Advocate has argued before this Court that such licences are granted every year, keeping in view the provisions as contained under the NDSP Act, 1985 read with NDPS Rules and the Government of India, Ministry of Finance, Department of Revenue has issued directions in exercise of powers contained under section 74A of the NDPS Act, 1985 and clauses 6(g), 6(h) and 6(i) of the aforesaid makes it very clear that poppy straw, which remains un-utilized shall be destroyed and a certificate to that effect and annual report of every calendar year shall be sent by Nodel Officer of the State Government to the Narcotics Commissioner, Gwalior by the month of June of the following year. It is also been stated that every year a policy is framed by the State Government and the policy which was framed for the relevant year, which is the subject-matter of dispute was issued on 17.2.2010 and the contention of the learned Government Advocate is that the poppy straw retained by the farmers or by the traders beyond the period of licence becomes the property of the Government and has to be destroyed and it is done in order to ensure illegal trafficking of the drgus.

6. Heard learned counsel for the parties and perused the record. The matter is being disposed off with the consent of the parties.

7. This Court has carefully gone through the writ petition as well as the relevant statutory provisions governing the field. In the present case, the Central Government, by virtue of statutory provisions issued under the NDPS Act is permitting cultivation of poppy by the Cultivators and it is done under the control, supervision and permit, by the Central Government as well as the State Government. Section 9 of the NDPS Act, 1985 governing the field reads as under :

“9. Power of Central Government to permit, control and regulate. -- (1) Subject to the provisions of section 8, the Central Government may, by rules --

(a) Permit and regulate --

(i) The cultivation, or gathering of any portion (such cultivation or gathhering being only on account of the Cen