:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.420 OF 2008 APPLICATION NO.420 OF 2008 APPLICATION NO.420 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO.2312 OF 2008 PETITION NO.2312 OF 2008 PETITION NO.2312 OF 2008 WITH WRIT WRIT WRIT PETITION NO.2312 OF 2008 PETITION NO.2312 OF 2008 PETITION NO.2312 OF 2008 WITH WITH WITH CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.421 OF 2008 APPLICATION NO.421 OF 2008 APPLICATION NO.421 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO.2313 OF 2008 PETITION NO.2313 OF 2008 PETITION NO.2313 OF 2008 WITH WITH WITH CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.422 OF 2008 APPLICATION NO.422 OF 2008 APPLICATION NO.422 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO.2314 OF 2008 PETITION NO.2314 OF 2008 PETITION NO.2314 OF 2008 WITH WITH WITH CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.423 OF 2008 APPLICATION NO.423 OF 2008 APPLICATION NO.423 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO.2315 OF 2008 PETITION NO.2315 OF 2008 PETITION NO.2315 OF 2008 WITH WITH WITH CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.424 OF 2008 APPLICATION NO.424 OF 2008 APPLICATION NO.424 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO.2316 OF 2008 PETITION NO.2316 OF 2008 PETITION NO.2316 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Court’s or Judge’s orders Memoranda of Coram , appearances, Court’ s orders or direction s and Registrar’s order s ------------------------------------------------------------------------- Mr.Shirish Gupte, Sr.Advocate a/w Mr. G.S. Pikale i/b S.V. Pikale & Co. for the applicants. Mr.H.V. Mehta a/w Mr. J.C. Satpute for respondent Nos. 1 and 2. Mr. A.S. Gadkari,APP for the State :2: CORAM CORAM CORAM S.B. S.B. S.B. MHASE AND MHASE AND MHASE AND A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 P.C. 1. Heard both sides. 2. It is brought to our notice that the inquiry into the notice dated 15-9-2008 under section 68H(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is not stayed by the Supreme Court. This order has been passed by the Apex Court in Contempt Petition (c) No. 223/2008 in Criminal Appeal No.1053/2003. The present writ petition has been filed challenging the said notice and in view of the direction of the Supreme Court, it appears that the inquiry will have to go on. :3: 3. However, the Supreme Court has laid down in what manner the inquiry can be made in a judgment of Aslam Mohd. Aslam Mohd. Aslam Mohd. Merchant Merchant Merchant V. Competent Authority and V. Competent Authority and V. Competent Authority and others others others, reported in 2008 (10) Scale 383. The said judgment is under review by the Supreme Court in view of a review application filed by the respondents. Therefore, till the judgment is reviewed and the ratio is altered if at all by the Supreme Court the respondents are bound to follow the said judgment and therefore, we observe that the inquiry in respect of notice under section 68H(1) of the NDPS Act 1985 shall continue in accordance with the said judgment and respondents shall not commit any obstruction in continuing with the inquiry in violation of the said judgment unless and until the judgment is reviewed by the Supreme Court. We make it clear that unless the judgment is modified, reviewed or otherwise dealt with by the Supreme Court, the respondents shall not :4: do any thing contrary to said Judgment in apprehension that the judgment will be modified by Supreme Court and till then, they shall do whatever as provided by the Supreme Court and nothing more than that. The respondents have already tendered a written apology. 2. Criminal Applications are disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J) J) J)