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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J.
Imran Rais Ahmed Musha Ittwala - Appellant
Versus
State Of Gujarat - Respondent
Criminal Misc.Application (For Quashing & Set Aside Fir/Order) No. 12506 of 2020
Decided On : 04-11-2025
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 received secret information that some drugs were being supplied to other countries through courier and post offices. So, Police started patrolling and during patrolling, Police received secret information that some trafficking of narcotics were going in the house of present petitioner by one Rizwan in village Manuber.
2.2 Accordingly, raid was carried out and during the search of the house, Police found 2 Kgs and 964 Grams of narcotics substance in the form of pills and 265 Gms of narcotics substance in the form of capsules and seized it and arrested two persons from the house, namely Rizwan Ishak Musa Patel and Rahulkumar Narsinhbhai Parmar. Thereafter, during personal search of accused persons, Police found some post office receipts, when Police inquired regarding to the receipt, Police came to know that one consignment of narcotics substance is already sent to Canada by these accused persons. So, Police immediately reached the post office and stopped the consignment and seized the said consignment, from which 1 Kg and 892 Grams of narcotic substance in the form of Pills was found and that same consignment was in the name of Mr. Mark Wood and address was Greetings and Gifts PO Box 805120 on 2300 Lawrence Ave East M1P-2P2, Canada.
2.3 Hence, total pills weighing 4 Kgs and 866 Gms, amounting to Rs. 4,68,600/- and capsules weighing 265 Gms, amounting to Rs.1,32,500/-, i.e. total Rs. 6,01,100/- worth of so called narcotics substance was recovered from the two accused and during interrogation, they disclosed the name of the present petitioner and stated that the same consignment is to be supplied to the present petitioner in Canada.
2.4 The FIR bearing C.R. No. II - 33 of 2018 with Bharuch Rural Police Station, Junagadh. As petitioner arraigned accused in the aforesaid offence, he filed present petition under Section 482 of “the Code” to quash the FIR is filed.
3. Seeking quashment of the FIR, learned advocate Mr. V.O. Joshi appearing for the petitioner mainly argued that the petitioner is not involved in the offence. The name of the petitioner surfaced through the statement of the co-accused, which is having no evidentary value, and therefore, the petitioner cannot be prosecuted in the alleged offence. It is further submitted that the petitioner is residing in Canada since the year 2000 and became the citizen of Canada since year 2003. He is not linked with the offence in any way nor he is found with the conscious possession of the contraband.
3.1 As far as factual aspects of the case are concerned, learned advocate Mr. V.O. Joshi submits that, "Kamini Vidravan Ras", the pills of which are seized by the Police having received secret information is an ayurvedic medicine and manufactured by Multani Pharmaceuticals Ltd., Delhi under the license given by the Ayush D
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