The applicant seeks the quashing of FIR No. 48 of 2019 dated July 11, 2019, related to the Narcotic Drugs and Psychotropic Substances Act, 1985. The FIR was filed against the applicant, who is the director of Vivalavita Pharmaceuticals Pvt. Ltd., for exporting a controlled substance without the required 'no objection' certificate. The applicant argues that the notification of the substance being controlled was not publicized, and they relied on incorrect information from authorities. The court concluded that ignorance of the law is no defense and dismissed the application to quash the FIR.

1. Applicant's Request:

   • Seeks quashing of FIR No. 48 of 2019 related to the NDPS Act.

2. Previous Orders:

   • Investigation allowed but charge sheet filing restrained.
   • Application admitted on September 11, 2023.

3. Brief Facts of the Case:

   • Applicant: Director of Vivalavita Pharmaceuticals Pvt. Ltd.
   • Respondent: State of Maharashtra through Anti Narcotics Cell.
   • FIR based on a complaint about exporting a controlled substance without the required NOC.

4. Applicant's Contentions (Mr. Rajiv Patil):

   • Notification not publicized.
   • Clarification from Zonal Director indicated no NOC required.
   • No awareness of the amendment by the Export Promotion Council and website updates.
   • Claims only a technical default, not a criminal offense.

5. State's Contentions (Mr. Ashish Satpute):

   • Controlled substance clearly listed in Schedule B.
   • Failure to comply with NOC requirements constitutes an offense.
   • Statements from witnesses and other evidence implicate the applicant.
   • Applicant left India before FIR registration, indicating guilt.

6. Court's Observations:

   • Ignorance of law is not a defense.
   • Applicant's duty to comply with legal requirements.
   • Supporting cases reinforce that ignorance is not excusable.

7. Legal Precedents and Principles:

   • Mayer Hans George v. State of Maharashtra: Ignorance of law irrelevant for foreigners.
   • State of Bengal v. Administrator, Howrah Municipality: Knowledge of law essential.
   • Pankaj Jain Agencies v. Union of India: Notification in the official gazette suffices for law awareness.
   • B.K. Srinivasan & Ors. v. State of Karnataka: Importance of publication of laws.

8. Court's Decision:

   • FIR discloses a cognizable offense.
   • Application for quashing the FIR is dismissed.

9. Additional Observations:

   • Applicant's intention to appeal to the Supreme Court.
   • Interim relief continued for four weeks to allow for appeal.