Document Fragment View

Matching Fragments

4. Petitioner in W.P. Nos.58197-58198/2016, 42295-42297/2016 and 65486-65487/2016 is one and the same. The facts in all these writ petitions are similar. For the sake of convenience, facts are referred to as in Writ Petition Nos.58197-58198/2017.

I FACTS OF THE CASE

5. Petitioner is a registered dealer under Karnataka Value Added Tax Act, 2003 under the TIN bearing No.29941208697. He has also been issued an Importer and Exporter Code ('IEC' for short) by the office of the Joint Director General of Foreign Trade and his IEC No.07140211843. He is a dealer in spices, pepper, food, drinks, dry fruits and other cashew items. He obtained the IEC number for the purpose of commencing import of the aforesaid commodities.

(c) Issue a writ of certiorari or any other writ or order quashing the public notice No.PS-15/2016 dated 5.12.2016, for import of poppy seeds from Turkey (Annexure-AE);

(d) Issue a writ of certiorari or any other writ or order quashing the draw of lots held on 27.4.2017 as evidenced by the public notice PS-3/2017, dated 27.4.2017 (Annexure-AN).

21. It is the case of the petitioner in W.P. No.22952-22955/2017 that he is a registered dealer doing business exclusively in poppy seeds registered under Karnataka Value Aided Tax Act, 2003 and he has applied for and obtained certificate of Importer and Exporter Code (IEC) issued by the office of the Joint Director General of Foreign Trade, Bangalore for the purposes of commencing import of the aforesaid commodities and his IEC number is 0714011851. It is further case of the petitioner that in the course of its business, he sought to import 180 metric tons of poppy seeds from Turkey on the basis of a contract entered into with overseas suppliers and actually imported 90 MTs as per the import contract registered on 23.1.2015. It is further case of the petitioner that the final country cap fixed for import of poppy seeds from Turkey is 18558 MT and reading it alongwith Clause 4 of the public notice dated (Annexure-AE) all applicants are entitled to get registration for a maximum of 90 MT. Going by the country cap fixed and quota fixed for each applicant, only first 206 applicants in the priority list at Annexure-AN would be entitled for registration of the import contracts. The petitioner who is at serial No.292 is beyond the first 206 and it would therefore not be entitled to get its contract registered. Therefore petitioner will not be able to do business in poppy seeds this year in the absence of import and if the registration of import contract is left to draw of lots in future also the petitioner does not have even a remote chance to continue his business. Hence W.P. Nos.22952- 22955/2017 are filed for the reliefs sought for.

Clause-I of the for Determination of Country Cap.
Clause-II Application for Registration of Sale Contract;
73
(i) Narcotics Commissioner shall issue public notice intimating the provisional country cap to invite applications for registration of sales contracts for import of poppy seeds.
(iv) Each importer with a specific Importer Exporter Code (IEC) shall submit only one (1) application and shall clearly indicate in his application the total quantity of poppy seeds sales contract they wish to register.

ii) Sales contract in original duly signed by the importer as well by the exporter.

iii) Attested copy of PAN card.

iv) Attested copy of import Export Code (IEC) issued by DGFT.

v) Demand Draft worth Rs.1,000/- in favor of Drawing and Disbursing Officer, Central Bureau of Narcotics, Gwalior.

vi) Address of Jurisdictional Commissionerate of Central Excise under which firm is situated. In case applicant is registered with Central Excise, the copy of Central Excise Registration Certificate be also submitted.