JETHMAL HIMMATMAL JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner No. 1, who is the employer, and petitioners Nos. 2 to 5, who are the employees in the first petitioner's chemist shop known as "Maharashtra Medical Stores" at Kalachowki, Bombay, have invoked the inherent jurisdiction of this court to quash proceedings Case No. 186/S of 1977 pending in the Court of the Metro-politan Magistrate, 28th Court, Esplanade, Bombay.

(2.) This Application raises an important question in regard to the jurisdiction of the Court to take cognizance of an offence without first condoning the delay. Petitioner No. 1 is the proprietor of Maharashtra Medical Stores. Petitioner No. 2 is the Manager of the said proprietary concern. Petitioner No. 3 is a qualified person employed in the said concern and petitioners Nos. 4 and 5 are the employees.

(3.) In the course of investigation in C.R. 64/74 of Criminal Branch Control (Drugs). C.I.D., Bombay, the police arrested one Rajanikant Laxmichand Mehta on 23rd July 1974 and seized from his residence at Sonawalla Building, C.P. Tank, Bombay, huge stock of drugs stocked for sale without licence. Some of the drugs were mis-branded drugs bearing markings of E.S.I.S., M.C.G.B., Medical Stores, K.E.M. Hospital, etc. The said Rajanikant revealed that he had purchased most of the stock from petitioner No. 1.