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TMI Blog2015 (4) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... te the matter and file a complaint before the Competent Court, after completion of investigation, if required. Thereafter it appears, an investigation was carried out and on 14.8.2014 a complaint under Section 36A(1)(d) of the NDPS Act was filed before the Special Judge (NDPS Act cases), Ali Baug, District Raigad, Maharashtra for alleged violation of Sections 25A and 38 of the NDPS Act by one Basant Kalra, Managing Director of the First petitioner Company for importing the controlled substance in question without obtaining the NOC required under the Regulations in force. - it would be appropriate for us to refrain from addressing any of the issues raised by and on behalf of the rival parties and instead leave the petitioners with the remedy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioners (dispatched on 26.9.2013 according to the petitioners) further information/clarification from the petitioners was sought in the matter for grant of NoC. According to the petitioners, it received the said letter on 08.10.2013 and by reply dated 18.10.2013 the requisite information was supplied alongwith the further information that the goods had been shipped on 27.07.2013 and had landed at the Jawaharlal Nehru Port Trust -Nhava Sheva Port, Thane, Navi Mumbai on 12.08.2013 and were awaiting for customs clearance purposes. Thereafter, on 29.11.2013 the Central Bureau of Narcotics informed the petitioners that the matter has been taken up with the Commissioner of Customs (Import), Nhava Sheva to ascertain the status of the material. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14. The amendment sought was allowed. By the impugned order dated 30.04.2014 the High Court has dismissed the writ petition on the ground that the petitioner, though aware of the Notification dated 26.03.2013 promulgating the Regulations in question, had imported the goods into India without the requisite NoC. The additional ground on which the High Court thought it proper to reject the writ petition was that a FIR has been filed and under Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for short the Act ) it is the criminal court which should be moved for release of the goods seized under the Act. 4. We have heard Shri F.S. Nariman, learned senior counsel for the petitioners and Shri Ranjit Kumar, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption but to reject. Hence the rejection is not a fair action on the part of the State. 6. In reply Shri Ranjit Kumar, learned Solicitor General has urged that under the Regulations in force import into India of any controlled substance requires grant of prior NoC by the competent authority which, admittedly, was not granted in the present case. In such circumstances, violation of the Regulations and consequential infringement of the relevant provisions of the Act is ex facie apparent. The order of the High Court, therefore, according to the learned Solicitor General, would not call for any interference. 7. Whether under Clause 11 of the Regulations no import of a controlled substance is permissible without a NoC being granted; Whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer who had seized the controlled substance in question submitted a report to his superior officer, as required under Section 57 of the NDPS Act. On 18.1.2014, after receipt of the report of the seizing officer, the Assistant Narcotics Commissioner (Prevention) Gwalior appended on the said report a note to the effect that Crime Case No.1/2014 is registered in the Headquarter Office, Gwalior and the Seizing Officer was authorized to investigate the matter and file a complaint before the Competent Court, after completion of investigation, if required. Thereafter it appears, an investigation was carried out and on 14.8.2014 a complaint under Section 36A(1)(d) of the NDPS Act was filed before the Special Judge (NDPS Act cases), Ali Baug, Distr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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