LIZARD LOUNGE Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 ( CrPC ) seeks the quashing of Criminal Complaint No. 234 of 2005 under Sections 11/41 of Standard of Weights and Measurement (Enforcement) Act, 1985 ( Act ). The inspection of the Petitioner s restaurant took place on 29th March, 2005. The inspection report states that the firm was found selling soft drinks at prices in excess of the maximum retail price indicating on the containers of the soft drinks. The admitted position is that the complaint was filed on 6th January, 2006 i.e. beyond six months after the date of commission of the offence. On the same date the learned MM took CRL.M.C. 6242/2006 page 1/3 cognizance of the offence and issued summons.

(2.) LEARNED counsel for the Petitioner submits that cognizance could not have been taken of the offence in terms of Section 468 (2) (a) CrPC beyond six months after the date of commission of the offence. He further submits this is not a continuing offence. Even if one were to continue to compute the limitation from the date of the expiry of the period indicated in the show cause notice dated 29th April 2005, the limitation would expire on 29th October 2005.

(3.) ON this short point, the petition is allowed and the Criminal Complaint No. 234 of 2005 under Sections 11/41 of the Act and all proceedings consequent thereto stand hereby quashed.