SHAILAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed under Section 482 of the Criminal Procedure Code for quashing of the proceedings in C. C. No. 525 of 1998 (P. C. No. 23/98) on the file of the Judicial Magistrate First Class, Haveri.

(2.) THE petitioner is the seeds merchant of Haveri. On inspection of his shop on 5-6-1997 by the Seeds Inspector, samples of maize were seized after following due procedure and the same were sent to the analyst for seed analysis at Dharwar. On receipt of the same, as the analyst reported that the seeds were found to be sub-standard as not meeting the minimum requirement or conditions, the Seed Inspector has proceeded to prosecute the petitioner in the present case. The complaint was lodged on 16-5-1998. Challenging this lodging of complaint as beyond limitation, the present petition has been filed to quash the entire proceedings.

(3.) AS per Section 19 of the Seeds Act which is the penal provision, the maximum punishment prescribed is fine of Rs. 500/- for the first offence and imprisonment to maximum extent of six months or with fine of Rs. 1,000/- maximum for the subsequent offences. As such, the limitation to file complaint as per Section 468, Cr. P. C. would be six months, if the accused is the First Offender and if he is the Second Offender it would be one year. By reading Section 468 read with Section 471, Cr. P. C. it is apparent that if the period of limitation has expired the Magistrate loses his power to take cognizance of the offence.