The Bombay High Court dismissed a petition filed by a pharmaceutical company director seeking to quash a 2019 FIR lodged against him, reinforcing the principle that ignorance of the law is no excuse to escape punishment. The court emphasized that accepting ignorance as a defense would make the enforcement of laws nearly impossible.
The director, Ajay Melwani of Vivalvita Pharmaceuticals, was accused by the Mumbai Police’s Narcotics Department of exporting 1,000 kilograms of N-Phenethyl-4 Piperidone to an Italian company. This chemical had been banned under the Narcotics Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order in 2018, which also required an export no-objection certificate (NOC) from the Commissioner of Narcotics.
However, Melwani’s firm failed to obtain the necessary NOC. After the report was filed, Melwani petitioned the High Court, arguing that his firm was unaware of the NOC requirement because the department had not adequately publicized the 2018 notification.
Justices A.S. Gadkari and Neela Gokhale, on July 22, found the petition without merit, stating that claiming ignorance of law does not exempt one from criminal charges. The bench extended a March 2023 order preventing the filing of a chargesheet against Melwani for another four weeks but underscored that every business must keep itself updated about changes in laws and regulations, especially in fields like export-import that are regulated.
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The court remarked that if every accused starts claiming ignorance of the law, even when knowledgeable, it would lead to the collapse of legal enforcement and could be misused by lawbreakers. The judges highlighted that Melwani’s company, which has been in business since 2012, routinely engages in chemical purchases and should regularly update itself on relevant laws.
