Introduction:

In a recent ruling, the Bombay High Court declined to quash an FIR against businessman Ajay Melwani, accused of violating the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court firmly rejected Melwani’s claim of ignorance regarding the legal requirements for exporting banned chemicals, reinforcing that lack of knowledge is not an acceptable defense under the law.

Arguments:

Petitioner’s Argument:

Ajay Melwani, represented by senior advocate Rajeev Patil and his team, contended that he was unaware of a specific government notification mandating a ‘no objection certificate’ (NOC) for the export of certain chemicals, including Phenethyl-4-Piperidone. Melwani argued that this ignorance should exempt him from the charges, asserting that the Export Promotion Council of India (Pharmexcil) failed to update the notification on its website, which contributed to his unawareness.

Government’s Argument:

The State, represented by Assistant Public Prosecutor Ashish Satpute, argued that ignorance of the law is not a valid excuse for legal violations. The prosecution highlighted that the notification in question had been issued on February 27, 2018, and although it was not available on the Narcotics Control Bureau (NCB) website, the law still applied. The State emphasized that Melwani’s business, which involves the export and import of pharmaceuticals, should have ensured compliance with all relevant regulations.

Court’s Judgment:

The division bench of Justices Ajay Gadkari and Dr. Neela Gokhale held that the principle of “ignorance of the law is no excuse” is fundamental to jurisprudence. The court reasoned that accepting ignorance as a defense could undermine the enforcement of laws and lead to widespread non-compliance. The bench noted that the notification regarding the NOC was issued well before the incident and that Melwani, being a director in a pharmaceutical export company since 2012, should have been aware of and complied with the regulatory requirements.

The court further criticized Melwani’s argument that the failure of Pharmexcil to update its website justified his lack of knowledge. It emphasized that the responsibility to stay informed about applicable laws rests with businesses and their officials. The bench concluded that the FIR disclosed a prima facie cognizable offense and declined to exercise its inherent powers to quash it under Section 482 of the Code of Criminal Procedure (CrPC). The matter, the court asserted, should be examined at the trial stage.