Bombay High Court's comment - Punishment cannot be avoided by making an excuse for not knowing the law

The Bombay High Court while quashing an FIR filed in 2019 by the director of a pharma company held that no punishment or crime can be avoided while making a plea of not knowing about the law. If somebody is allowed to establish an excusable ignorance of the law, then enforcement of the same becomes impossible.

A report was registered by the Narcotics Department of Mumbai Police in 2019 against Ajay Melwani, director of Vivalvita Pharmaceuticals. Sam File O Chem Limited manufactures chemicals through Melwani's firm and has exported 1000 kg of N-phenethyl-4 piperidone to an Italian company. Whereas it was banned in 2018 under the Narcotics Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order. There was also a direction to obtain a no-objection certificate from the Commissioner of Narcotics Department for its export. The Melwani Company, however, did not take any no-objection certificate from the Commissioner.

After the report was filed, Melwani filed a petition in the High Court saying that the department did not publicize the notification issued in 2018 regarding the cancellation of the chemical. Due to this, he and his firm were not aware of the rule of taking NOC. Melwani asked the court to cancel the FIR.

A division bench of Justice AS Gadkari and Justice Neela Gokhale dismissed the petition on July 22. The court said that criminal charges cannot be avoided by saying that there is no knowledge of the law. The bench extended for four weeks the order passed by the High Court in March 2023 to restrain from filing a chargesheet against Melwani.

The court said that by pleading ignorance of the law, one does not get an excuse to break it. If every accused, despite knowing the law, starts saying that he was not aware of the law, then the law will not be followed. The court said that due to this, even those who break the law can misuse it.

The court said that Melwani's company keeps on purchasing chemicals continuously. He has been engaged in this business since 2012. The officials of the firm and the company should keep themselves updated about the changes in export-import laws, and rules. This should be a regular activity of the company.

The court said that prima facie the allegations reveal the crime. In such a situation, the petition is dismissed. At the same time, the prosecution also filed a complaint against the officials of the Customs Department for failing to investigate the export and follow the rules.