- (1.) THIS petition has been filed with the following prayers:- a) That this Hon'ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records and proceedings relating to the impugned orders/ letters/ forms/ directions/ report dated 14th March, 2012 and orders/ form/ directions dated 4th April, 2012 issued by respondent No.2 and after going into the legality or otherwise of the same, to quash and/ or set aside the same and quash and set aside the actions of the respondents; b) That this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of Mandamus, or any other appropriate writ, order or direction under the provisions of Article 226 of the Constitution of India directing the respondents to withdraw the impugned orders/ letters/ forms/ directions/ report dated 14th March, 2012 and orders/ forms/ directions dated 4th April, 2012 and restrain the respondents from taking any action in furtherance of/ pursuant to and/ or implement the impugned orders/ letters/ forms/ directions/ report dated 14th March, 2012 and orders/ forms/ directions dated 4th April, 2012. c) That this Hon'ble Court be pleased to issue a writ of prohibition or a writ in the nature of Prohibition, or any other appropriate writ, order or direction under Article 226 of the Constitution of India restraining the respondents by themselves, their subordinate officers, servants and agents from taking any steps of any nature and/ or in any manner acting in furtherance of the impugned orders/ letters/ forms/ directions/ report dated 14th March, 2012 and orders/ forms/ directions dated 4th April, 2012 and taking any coercive steps as against the petitioners, their Directors, Officer and agents.
(2.) AT the very outset, Mr.S.N. Kumawat, the learned Additional Advocate General submits that the State Government has already taken a view that the order dated 14-3-2012 is not a valid order and contrary to the clarification issued by the Central Government. He submits that no further action will be taken against the petitioner company pursuant to the order dated 14-3-2012 and all proceedings founded thereupon would be discharged. That leaves the issue of the seizure of drugs in issue from the petitioner company on 4-4-2012 and the order dated 5-4-2012 passed by the court of the Chief Metropolitan Magistrate, Jaipur Metropolitan city. Oddly the Chief Metropolitan Magistrate vide his order dated 20-4-2012, on the application of the government itself to release the goods seized on 4-4-2012 (as brought before him for an order under Section 23 (5) (b) on 5-4-2012 whereupon custody of seized goods was directed to be kept with Sh. Anil Agrawal, Drug Control Officer) refused to release the goods in spite of the government's stand that the seizure of 14-3-2012 was bad on the specious ground that a challenge to the seizure dated 4-4-2012 was pending in the present writ petition before this Court. The Chief Metropolitan Magistrate, Jaipur Metropolitan City overlooked the fact that it was the government's own stand before him that the seizure by its officers on 14-3-2012 was bad and contrary to Central Government's clarification. Be that as it may in view of the fact that the State Government has come to a conclusion that the order dated 14-3-2012 is not a valid order, the seizure of goods in pursuance thereof cannot be now sustained. In the obtaining circumstances, the petitioners are free to move an application afresh, before the Chief Metropolitan Magistrate, Jaipur Metropolitan city for the release of seized goods. The Chief Metropolitan Magistrate, Jaipur Metropolitan City is directed to pass orders on the application within a period of three days from the date of receipt of the certified copy of this order. The writ petition stands disposed of accordingly. Stay application also stands disposed of.;