Om Prakash v. Central Bureau of Narcotics & Ors.
Case brief
What is this about?
The Competition Commission of India examined an information alleging that regulatory agencies abused dominance in importing poppy seeds. The Court held that these statutory regulatory agencies were not 'enterprises' under the Act, closing the case without investigation and dismissing the informant's complaints about anti-competitive practices.
What did the court decide?
The information is disposed of as a fit case for closure under Section 26(2) of the Competition Act, 2002.
What the court decided
Case No. 41/2013
In Re:
Om Prakash, S/o Sh. Nand Ram, R/o Village Post Bhalot, District - Madansur, Madhya Pradesh.
Informant
And
- Central Bureau of Narcotics Ministry of Finance, 19, The Mall, Morar, Gwalior, Madhya Pradesh - 474006 Opposite Party 1
- Narcotics Control Bureau Ministry of Home Affairs, West Block - 1, Wing No. V, R. K. Puram, New Delhi - 110066. Opposite Party 2
CORAM:
Dr. Geeta Gouri Member Mr. Anurag Goel Member Mr. M. L. Tayal Member Mr. Justice S. N. Dhingra (Retd.) Member Mr. S. L. Bunker Member
Present: Ms. Meenakshi Arora, Ms. Anupam Sanghi, Mr. Nikhil Rohatgi, Advocates and Mr. Rajiv Arya, Chartered Accountant, for the Informant.
Order under Section 26(2) of The Competition Act, 2002
Issues for consideration
3 issues framed by the court
Whether the Central Bureau of Narcotics and Narcotics Control Bureau are 'enterprises' within the meaning of Section 2(h) of the Competition Act, 2002.
Whether the Dominican position of the opposite parties can be established to attract provisions of Section 4 relating to abuse of dominant position.
Whether a prima facie case exists for investigation under Section 26(1) of the Competition Act, 2002 against the registrants of import contracts.
Parties & counsel
- petitioner
Om Prakash
- respondent
Central Bureau of Narcotics
- respondent
Narcotics Control Bureau
Coram
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