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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Imran Rais Ahmed Musha Ittwala – Appellant
Versus
State Of Gujarat – Respondent
Key Points: - The judgment discusses whether Kamini Vidravan Ras containing opium derivatives falls under NDPS Act Section 8(c) and its exceptions, citing Mayank Girishbhai Shah and Director of Revenue Intelligence rulings. (!) (!) (!) - It analyzes the object and scope of NDPS Act and NDPS Rules, particularly the interplay between Section 8(c), Schedule I substances, and Chapter VIIA/licensing regimes, including Rule 53, Rule 64, and Chapter VIIA developments. (!) (!) (!) (!) (!) - The court emphasizes that Section 8( c) prohibition is to be read with the exception that dealing must be for medical/scientific purposes and strictly in accordance with the Act, Rules, and licensing conditions; mere medical/scientific potential is insufficient. (!) (!) (!) (!) (!) - It overrules earlier Rajesh Kumar Gupta interpretation, aligning with Sanjeev V. Deshpande, and clarifies that Rules 53 and 64 are enabling provisions, not independent sources of prohibition. (!) (!) (!) (!) - The High Court exercises inherent jurisdiction under Section 482 sparingly, at rarest of rare cases, and should avoid interfering with ongoing investigations at nascent stages unless substantial grounds exist. (!) (!) (!) - The court notes that the petitioner residing abroad/importing/exporting without license, and the ongoing investigation reveal commercial quantities and international export via Hajmola label, leading to no relief for quashing at this stage. (!) (!) (!) - It ultimately disposes of the petition, denying quashment and vacating interim relief, while stating the standard cautions from Neeharika and Bhajan Lal/Kapur lines. (!) (!) (!)
| Table of Content |
|---|
| 1. petition for quashing fir (Para 1) |
| 2. facts of drug seizure and accusation (Para 2) |
| 3. petitioner's arguments against fir (Para 3) |
| 4. state's arguments supporting fir validity (Para 4) |
| 5. court's sustaining observations on fir validity (Para 5) |
| 6. court declines to quash fir (Para 6) |
JUDGMENT :
J. C. DOSHI, J.
1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), the petitioner prays for following reliefs:-
“6.(a) Admit allow this Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure, 1973 ;
(b) Quash and set aside the FIR No. II.CR. No. 33 of 2018 registered with Bharuch Rural Police Station Junagadh for the offence under Section 8 (c), 18(c), 20(c), 21(c), 22(c), 23(c), 25, 29 and 60(1), (2), (3) of the N.D.P.S. Act and the subsequent proceedings.
(c) Stay the investigation initiated on the basis of the FIR till the disposal of this Criminal Misc. Application.
(d) Pass any other and further order as this Hon'ble Court may deem just, fit and proper in the interest of Justice.”
2. The brief facts of the case are as under:-
2.1 That, on 16.09.2018, Bharuch Police recei
Quashing of an FIR under Section 482 is permissible only in rare cases where no cognizable offence is disclosed, emphasizing strict adherence to procedural regulations in narcotic related cases.
The accused must prove that dealing in psychotropic substances meets legal standards for medical or scientific use, including adherence to licensing requirements, as outlined in the N.D.P.S. Act.
The court ruled FIRs valid under narcotics laws due to evidence of drug trade violations, establishing sufficient grounds for investigation under multiple legal acts.
Petitioner's claim of personal use for seized narcotics was rejected; court deemed LSD a commercial quantity under NDPS Act, validating the ongoing investigation.
Psychotropic Substance - Quantity of codiene based syrup have illegally been stored in shop/godown - It is not permissible in law to quash notice/summon which has been issued to petitioners for purpo....
The court held that possession of narcotic drugs in significant quantities under NDPS Act warrants stringent bail conditions, emphasizing the necessity of statutory compliance regarding search and se....
Possession of cough syrup containing codeine qualifies as a narcotic under the NDPS Act, with strict bail conditions imposed that were not satisfied in this case.
Section 42 of the Act empowers the Authority to enter any building, conduct search and seizure “if he has reason to believe from personal knowledge or information given by any person and taken down i....
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