Bombay High Court: Ignorance of Law No Excuse in Drug Export Case

The Bombay High Court has dismissed a petition to quash charges against Ajay Melwani, director of Vivalavita Pharmaceuticals, for exporting a chemical declared as a contraband substance without the requisite certificate. The court emphasized that ignorance of the law is no defense and extended a temporary restraining order preventing the police from filing chargesheets.

The Bombay High Court has ruled that ignorance of the law is no excuse for breaking it, as it declined to quash a case against Ajay Melwani, director of Vivalavita Pharmaceuticals, for allegedly exporting a chemical classified as contraband without the required certification.

The court stated that accepting ignorance as a defense would bring law enforcement to a halt. Melwani sought to quash a 2019 FIR under the Narcotic Drugs and Psychotropic Substances Act, claiming ignorance of a 2018 notification including the chemical under contraband substances.

A division bench refused the petition on July 22, emphasizing settled legal principles. However, the bench extended for four weeks a March 2023 order restraining the investigation agency from filing a chargesheet. The court underscored that the company, engaged in pharmaceutical exports, should be aware of relevant regulations.