2021 (3) TMI 1372 - HC - Indian Laws

Exemption from taking registration or not - use of Acetic Anhydride for educational, scientific and analytical purposes - autonomous institutions - clause 4(1) of The Narcotics Drugs Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 - HELD THAT - Being an autonomous body, M/s Therachem Research Medilab (India) Ltd. RIICO Industrial Area, Sitapura is exempted from taking registration as per clause 4(1) of The Narcotics Drugs Psychotropic Substances (Regulation of Controlled Substances) Order, 2013. Still, a criminal case has been registered in utter violation of the above provisions - Admittedly, no allegation regarding narcotic substances has been levelled against the present petitioners but the respondent-authorities are adamant to arrest them. The action of the respondents is not sustainable in law at all. Therefore, the petition deserves to be allowed and the petitioners should be given interim protection from any sort of coercive action. Issue notice, returnable by 19/04/2021. Additional copy of the petition be served in the office of Mr. R.D. Rastogi, Additional Solicitor General for Union of India. His name be indicated in the cause list - List the matter on 19/04/2021.

Summary

Issues:
Violation of provisions under The Narcotics Drugs & Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 leading to criminal case registration without basis.

Analysis:
The judgment delivered by the High Court of Rajasthan pertains to the exemption of autonomous institutions from registration requirements for using Acetic Anhydride for educational, scientific, and analytical purposes under the second proviso to clause 4(1) of The Narcotics Drugs & Psychotropic Substances (Regulation of Controlled Substances) Order, 2013. The petitioners, an autonomous body named M/s Therachem Research Medilab (India) Ltd., situated in the RIICO Industrial Area, Sitapura, are claimed to fall under this exemption. Despite no allegations of involvement with narcotic substances against the petitioners, a criminal case has been initiated against them by the respondent-authorities, leading the petitioners to seek interim protection from coercive actions. The court found the actions of the respondents to be legally unsustainable, emphasizing that the petitioners deserve protection from unwarranted arrests.

The court issued a notice returnable by a specified date and directed an additional copy of the petition to be served to the office of the Additional Solicitor General for the Union of India. As an interim measure, the court ordered the petitioners to cooperate with the investigation and appear before the investigating officer by a certain date. The court explicitly stated that the petitioners should not be arrested in compliance with a previous order until the next scheduled date of hearing. The matter was listed for further proceedings on a specific date.

In conclusion, the judgment highlights the importance of adhering to legal provisions and ensuring that actions taken by authorities are in line with the law. It underscores the need to provide interim protection to individuals or entities facing unwarranted legal actions until a thorough examination of the merits of the case can be conducted.