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CONTROL PRINT LTD. v. NARCOTICS CONTROL BUREAU

Special Leave Petition (Civil) · Neutral citation not assigned (Special Leave Petition (Civil) No. 15814 of 2014)Decided 16 Apr 2015
Special Leave Petition (Civil) No. 15814 of 2014
Justice Ranjan Gogoi · Justice N.V. Ramana

Background

This order does not decide the main case. The petitioners raised questions under Clause 11 of the NDPS (Regulation of Controlled Substances) Order, 2013, including whether import without a No Objection Certificate is barred, whether a deemed grant arises after 21 days and whether the seizure of the goods was lawful. A criminal prosecution over the same import, under Sections 25A and 38 of the NDPS Act, was pending before the Special Judge, NDPS, Alibaug.

Decision Breakdown

This is not a final decision on the main case. On 16 April 2015 the Court refrained from answering any of the questions because the related criminal case was already pending. It disposed of the petition by leaving the petitioners to take appropriate steps in the criminal proceeding, including seeking release of the goods pending trial.

Lesson Learnt

There is no final ruling yet on whether the import or the seizure was lawful. Where a criminal case on the same facts is pending, relief such as release of seized goods must be sought in that case.

Official source (sci.gov.in)View Judgment (PDF)

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