SHEKAPPA Vs. DIRECTORATE OF REVENUE INTELLIGENCE BANGALORE

JUDGEMENT

(1.) In this petition, petitioners seek the following reliefs-

(2.) Heard learned Senior Counsel for the petitioners and learned counsel for the respondent and perused the material on record.

(3.) In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior Counsel for the petitioners invited my attention to the complaint at Annexure-B filed by the respondent -authorised officer for the offences punishable under Ss. 21(c), 22(c), 23(c), 24 , 26 and 28 of the NDPS Act, 1985 and read with NDPS Rules, 1985 in order to point out that both the petitioners are the Directors of M/s.Rashe Life Science Private Limited, which is a company incorporated under the Companies Act, 1956 and an independent, legal, juristic entity, which has not been arraigned as party as mandatorily required under Sec. 38 of the NDPS Act. In the absence of a company being arraigned as a person along with the Directors, the impugned proceedings are not maintainable and deserves to be quashed.