The Bombay High Court has granted interim protection from arrest to the proprietor and accountant of firm Ms. First Wealth Solutions, in a case of alleged seizure of an export consignment destined for South Sudan containing “Tramadol” tablets worth over ₹21 crores in the international illicit market.
Justice Anuja Prabhudessai granted interim protection last week to Vidya S, proprietor of the firm and to the accountant Rajani Kanth Grandey observing that the sessions court had granted them relief during hearing in their pleas.
HC hears appeal by duo
The HC was hearing an appeal filed by the two challenging the orders of the sessions court rejecting their pre arrest bails.
Their advocate Sana Raees Khan argued that one G Subrahmanayam was the authorized signatory of the Company. They had no knowledge of the exports carried out and therefore, the culpability of the same cannot be attributed towards them, argued Khan.
Khan said that the Company has been authorized and licensed by the Government of India under Food Safety and Standards Authority of India License under FSS to carry on food business. Further, it has been certified with the Importer-Exporter CODE (IEC) by the Ministry of Commerce and Industry.
It also has a valid license under Drugs and Cosmetics Act, 1940 and rules and it has a genuine license to import and export all items of Schedule C and C1 (i) drugs. “It is pertinent to note that the aforesaid Company Ms. First Wealth Solutions have been issued a valid CBN (Central Bureau of Narcotics) Registration Number by the approval of Assistant narcotics Commissioner wherein in Column 6. Under the caption of ‘Details of Psychotropic Substances (s) for which the CBN Registration has been sought’, Tramadol 225 mg – tab/Injection for Export purposes have been mentioned,” claimed their plea.
A license is a genesis and an authorization is a species and when a firm has a genuine license to carry out trade of psychotropic substances, it does not need an authorization for the same, added Khan.
The Narcotic Drugs and Psychotropic Substance Act (NDPS Act) would apply for possession of psychotropic substances while carrying out trade under the Drugs and Cosmetic Act. But once a person possesses a license, the general prohibition on import and export would apply to the substance that are mentioned in the Schedule, and Tramadol is not mentioned in Schedule I, argued Khan.
CIU intercepted the illicit consignment
In March, the Central Intelligence Unit (CIU), Mumbai Customs Zone III, intercepted one export consignment which was destined for South Sudan. The consignment had a declared description as TAMOL-X225 and it contained approximately 10 lakh tablets.
The test results confirmed it to be “Tramadol” which is a psychotropic substance and export of tramadol is restricted under the NDPS Act. The authorities claimed that these contraband drugs worth US 2.6 million or over ₹21 Crores in the international illicit market.
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