WASANTA BHAGWAN ZADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant petition has been filed by the petitioners (accused) in Criminal Case No. 2098 of 1976 pending in the Court of the Judicial Magistrate, First Class, 11th Court, Nagpur, for their prosecution under sections 65 (f) and 66 (1) (b) of the Bombay Prohibition Act. On 16-8-1976, an order was passed by the trial Court rejecting the application filed by these accused for the discharge claimed by them under section 468 (2) read with section 484 of the Criminal Procedure Code. The petitioners in this petition seek to quash the proceedings before the trial Magistrate.

(2.) The prosecution story as revealed from the charge-sheet dated 17-11-1971 filed on 8-3-1976 is that Head Constable Chintaman, B. No. 2183, of Police Station Lakadganj received an information on 2-6-1968 at about 3.30 hrs., that the applicants-accused were running a still in their residential house in Pardi for illicit distillation of country liquor. So the Head Constable Chintaman, B. No. 2183, is sard to have collected two panchas and raided the house of the applicants-accused and there he found a running still and also the accused per ons present. The Head Constable is then said to have extinguished the still and seized the articles as per seizure memo. He is said to have taken out two bottles of 16 oz , each full of wine and one bottle of Mohwa-wasb, and sealed them and sent to the Chemical Analyser for analysis. He then is said to have arrested the applicants-accused and brought them to the Police Station Lakadganj and then he registered an offence against them as Crime No. 266 of 1968 under sections 65 (f) and 66 (1) (b) of the Bombay Prohibition Act. The samples were then sent to the Chemical Analyser on 3-8-1969 for analysis and the Chemical Analyser's report was received on 13-4-1970. Then the charge- sheet No. 947 was prepared on 17-11-1971 and the same was filed in the Court of the Judicial Magistrate, First Class, 11th Court, Nagpur, vid Criminal Case No. 2096 of 1976.

(3.) The applicants-accused filed an application at Exh. 22 under section 468 of the Criminal Procedure Code, 1973, on 19-7-1976 for quashing the proceedings on the ground that they are time barred. The learned Magistrate rejected the said application vide order dated 16-8-1976. It is this order, which is challenged in this writ petition.