The Bombay High Court refused to quash a case against Vivalavita Pharmaceuticals’ director, Ajay Melwani, for exporting a contraband chemical without the required certificate. The court stressed that ignorance of the law is no defense, highlighting its impact on law enforcement.
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MUMBAI: The Bombay High Court has refused to quash a case against the director of a Mumbai-based pharmaceutical firm accused of exporting a chemical declared as a contraband substance without obtaining the requisite certificate as mandated by law. The court emphasized that ignorance of the law cannot be an excuse for violating it.
The bench comprising Justices Ajay Gadkari and Neela Gokhale highlighted that accepting ignorance as a defense would cripple law enforcement. This statement came during the hearing of a petition filed by Ajay Melwani, the director of Vivalavita Pharmaceuticals, located in Santacruz, Mumbai. Melwani’s petition, represented by Advocates Rajiv Patil and Sameer Singh, sought the quashing of an FIR lodged in 2019 under the Narcotic Drugs and Psychotropic Substances (NDPS) Act by the anti-drug department of the Mumbai Police’s crime branch.
Melwani contended that his firm was unaware that a government notification issued in 2018 had listed the chemical under contraband substances, necessitating a no objection certificate (NOC) for its export.
Prosecution’s Argument
The prosecution argued that Sam Fine O Chem Ltd., a chemical manufacturing company, had exported 1,000 kg of N-Phenethyl-4 Piperidone to an Italian company through Vivalavita Pharmaceuticals without the mandatory NOC. According to the police, the chemical was included as a contraband substance under the Narcotic Drugs & Psychotropic Substances (Regulation of Controlled Substances) Order in 2018, thus requiring the NOC from the Narcotics Commissioner for its export.
Additional Public Prosecutor Aashish Satpute asserted-
“A government gazette notification was issued on March 6, 2018, whereas the consignment was exported on June 1. Melwani was expected to be aware of this regulation.”
Satpute also noted that Customs Officials had failed to verify the compliance requirements during the export, leading to a complaint against the Customs Officers involved.
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Satpute further pointed out-
“According to Italian law, the chemical has been classified as a precursor for drugs since July 6, 2018, and was used in the production of ‘Fenspiride Hydrochloride’. The importation of this chemical into Italy was conducted without the approval of the Italian Government.”
Court’s Decision
After considering the arguments from both sides, the bench dismissed Melwani’s petition, reiterating the settled legal principle that ignorance of the law is no defense against criminal charges. The court stated-
“Ignorance of the law is no excuse for breaking it; this principle is fundamental to jurisprudence.”
The rationale behind this principle, the bench elaborated, is to prevent individuals from evading liability by claiming unawareness of the law.
“Accepting ignorance as a defense would bring law enforcement to a standstill and could result in the mishandling of laws by offenders. Such an outcome is contrary to the Legislature’s intent, which is not to shield lawbreakers under the guise of ignorance.”
-the court asserted.
The bench further remarked that the petitioner’s company, involved in the export-import business of pharmaceutical products, should not be ignorant of the applicable regulations.
“Melwani, a regular purchaser of chemicals from manufacturing companies since 2012, is well-versed in the business dynamics. It is incumbent upon him and his company to stay informed and up-to-date with the continually evolving export-import legislation and regulations.”
-the bench noted.
Despite dismissing the petition, the court extended a March 2023 order that restrained the investigating agency from filing its chargesheet against Melwani for four more weeks.
