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.