The Central Government's directions under Section 74-A of the NDPS Act, 1985 are mandatory, and the respondents had no legal duty to transfer the stock. A writ can only be issued in favor of an applicant who has established a legal right and against an authority with a legal duty to perform.

1. By this writ appeal under Section 2 of the M.P. Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005, the appellants - writ petitioners are praying for setting aside of order dated 20.12.2014, passed by the learned Single Judge in W.P. No.8605/2014, whereby the writ court dismissed the writ petition.

2. The appellants are PS-II licensees of Mandsaur District. The licensees have been issued under Section 37 of Narcotic Drugs and Psychotropic Substances (M.P.) Rules, 1985 (for short 'Rules'). The details of their Licences are as under:-

3. The licence issued to them for sale and purchase of poppy straw in terms of Rules of 1985, ie. Poppy Straw Licensees - II for sale and purchase of poppy straw for Mandsaur group for financial year 2014 - 15, ie., 1.4.2014 to 31.3.2015. Clause 5 of the Licensees is relevant which reads as under:-

4. In the year 2010 - 2011, the licenses for the purpose of sale and purchase of poppy straw in respect of Mandsaur and Neemuch Districts were issued in favour of Maan Singh Rajput, Manoj Saxena and Bhagwat Singh, respectively. In the aforesaid financial year ie., 2010 - 2011 the entire poppy straw stock of Mandsaur and Neemuch Districts was not sold by the licensee and the same remained unutilized. Keeping in view the provisions as contained under the NDPS Act, 1985, read with NDPS Rules and the Government of India, Ministry of Finance Department of Revenue has issued directions in exercise of power contained under Section74-A of the NDPS Act, 1985. Clause 6 (g), 6 (h) and 6 (l) of the aforesaid makes it very clear that poppy straw which remains unutilized shall be destroyed and a certificate to that effect and annual report of every calendar year shall be sent by the nodal officer of the State Government to the Narcotic Commissioner, Gwalior by the month of June of the following year. It is also not in dispute that the poppy straw retained by the farmers or 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 drugs.

5. The contractors/licensee of 2010 - 2011 of Mandsaur and Neemuch Districts, challenged the order dated 13.5.2011 issued by the Collector Mandsaur and prayed that the entire stock be transferred to them.

6. The learned writ court by order dated 26.9.2014, after considering all the questions dismissed all the three writ petitions and upheld the order passed by the Collector District Mandsaur and the authorities were directed to ensure that the entire poppy straw available with the petitioner/s therein be destroyed within a period of 10 days from the date of order and the Collector Mandsaur was directed to ensure compliance of the order, as expeditiously as possible, preferably within a period of ten days, from the date of order. It is also directed that the entire poppy- straw shall be destroyed in presence of the committee constituted by the Collector. Para 7 to 33 of the order dated 26.9.2014 passed by the learned Single Judge reads as under:-

07. 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 gathering being only on account of the Central Government) of coca plant, or the production, possession, sale, purchase, transport, import inter-State, export inter-State, use or consumption of coca leaves;

(ii) The cultivation (su