STATE OF RAJASTHAN Vs. SANJAY KUMAR

JUDGEMENT

(1.) Special leave is granted.

(2.) The State of Rajasthan has assailed the validity of the judgment and order of the High Court of Rajasthan in S.B.Crl. Misc. Petition No. 293 of 1996 dated April 11, 1996.

(3.) On February 29, 1988, the Senior Drugs Inspector (I.B.), collected samples of (i) tenokap suspension B. No. 303 and (ii) Tab. Oxyphenbutabne I.P. B.No. 1114 from M/s. Jayshree Medical Centre, Baroda (Gujarat), meant for public sale. He sent those samples for chemical analysis to Government Analyst, Food and Drugs Laboratory, Baroda on March 2, 1988. In his report of July 2, 1988, the Government Analyst opined that those drugs were not of standard quality. After due enquiry and investigation the Drug Controller ordered prosecution of the respondents on February 3, 1990 and accordingly the Drugs Inspector (IB), Directorate, Medical and Health Services, Rajasthan, Jaipur, filed complaint under Section 18(A) read with Sections 16, 17 and 17A punishable under Sections 27(d) and 27(b)(i) of the Drugs and Cosmetics Act, 1940, on June 28, 1991. On the same day, the learned Additional Civil Judge and C.J.M., Court No. 6, Jaipur City, Jaipur took cognizance on the said complaint as Criminal Case No. 247/91 and issued summons to all the respondents. That order of the learned Magistrate was questioned by the respondents before the High Court in S.B. Crl. Misc. Petition No. 293 of 1996, on the ground that the complaint was barred by limitation under Section 468(2)(c) Cr. P.C. By order of April 11, 1996, the learned Judge of the High Court who dealt with that petition accepted that contention and quashed the proceeding in the said criminal case initiated by the learned Magistrate on June 28, 1991.