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3.5 In the conspectus of aforesaid arguments, learned advocate Mr. V.O. Joshi submits that what could be found against the petitioner is just an export of "Kamini Vidravan Ras" under the label of "Hajmola candy" without the license to export the said product. However, that aspects cannot be prosecuted under the provisions of the "NDPS Act". He would also submit that exporting ayurvedic medicine under misbranding and without license at the most attracts breach of provisions of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the "Act of 1940") and thus, petitioner cannot be prosecuted for offence under the "NDPS Act".

5.1 According to the FIR and the report tendered by the learned APP, after receiving the secret information, officers of the Baruch Police raided the premises of accused No.3 - Rizwan Ishak Musa Patel, whereby total 4.866 Kgs pills of "Kamini Vidravan Ras" and 265 Gms of the other capsules were found from the conscious possession of accused No.3. Accused No.4 - Rahulkumar Parmar is also found there. Prima-facie FSL assessment of those pills and capsules resulted into revealing it to be narco-psychotropic substance. During the investigation, it is found that those accused were without any license exporting the said drugs to the present petitioner at Canada under the label of "Hajmola candy". Bottles with the labels were found with the conscious possession of the accused No. 3 and 4 and same parcels were found from the courier office and post office, which were deposited by the accused - Rizwan.

5.2 In this factual aspects, if we examine the argument of learned advocate Mr. V.O. Joshi seeking quashment of the FIR. Firstly, he submitted that the name of the present petitioner reveals from the statement of the co-accused having no NEUTRAL CITATION R/CR.MA/12506/2020 JUDGMENT DATED: 04/11/2025 undefined evidentary value. However, it is to be noted that investigation into the offence against the petitioner is still going on. The charge-sheet has been filed only against the other accused. The statement of the co-accused has relevancy and is important material which can provide lead to the further investigation of the offence. It is true that the evidentiary value of the statement of the co-accused is none. However, the stage would come when trial of the offence is going on and examination of the evidentiary value of the co-accused is carried out. The statement of the co- accused cannot be considered at the stage of the trial. During the investigation of an offence, the statement of the co-accused can become material and provide a lead in the investigation. Therefore, the statement of the co-accused cannot be brushed aside at the time of investigation that it has no evidentiary value. Moreover, if we see the charge-sheet papers filed against the other accused, there appears series of statements of the witnesses, which states that the other accused have booked the parcels with the courier and post office for exporting the "Kamini Vidravan Ras" to Canada on the address of the petitioner under the label of "Hajmola candy" without having any license. The petitioner did not come out with the case that why his name is surfaced in the parcel and courier as a recipient. Thus, prima- facie, there is material against the petitioner that he is involved in the trafficking of the "Kamini Vidravan Ras". Moreover, the name of the petitioner surfaced from the statement of very Rizwan Ishaq Bhai Musa Patel, who is real brother of the present petitioner and he has no reason to say a lie. Moreover, this Court cannot examine the veracity of the statement or find it to be true or false at this juncture. For the aforesaid reasons, the first NEUTRAL CITATION R/CR.MA/12506/2020 JUDGMENT DATED: 04/11/2025 undefined submission of the learned advocate Mr. V.O. Joshi is found with no substance and accordingly, it is rejected.

5.12 Applying the aforesaid principles in the facts of the case, this Court does not find any reason to exercise the inherent jurisdiction at this stage. Moreover, it also appears that the petitioner is residing in Canada. The petitioner has imported the psychotropic substance from India, that too, without any license, under the label of "Hajmola candy". If the "Kamini Vidravan Ras"