Control Print Ltd. & Anr. Vs. Narcotics Control Bureau & Ors.
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 36-D , Section 63 , Section 25-A , Section 38
Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 - Clause 11 - Methyl Ethyl Ketone - Import without NOC - Goods were seized at the instance of the Narcotics Commissioner - A FIR in respect of the import made by the petitioners without grant of the NOC had been lodged and was pending - Learned Special Judge has taken cognizance of the offence alleged and has issued process - High Court dismissed the writ petition filed by appellant 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 No - 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 Act, 1985 it is the criminal court which should be moved for release of the goods seized under the Act - Issues raised by the petitioners are not merely related but are directly in question in the criminal proceeding pending in respect of the same subject matter - Court must not answer any of the questions as regards Clause 11 of the Order 2013, particularly, in the absence of any challenge to the legality and validity of the criminal proceeding before the Court which can arise only out of an order of the forum competent in law to hear and consider such a challenge - Held that it would be appropriate for the Court refrain from addressing any of the issues raised by and on behalf of the rival parties and instead leave the petitioners with the remedy of taking such appropriate steps in the criminal proceeding, including release of the goods pending trial, as it may be advised.
Important Decision(s)- Practice and Procedure - Court to refrain from addressing issues questioned in Criminal Proceedings