K KASAPPA NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under S. 482, Cr.P.C. to quash the proceedings in C.C. No. 115/90 on the file of the Court of the Additional Judicial Ist Class Magistrate, Nandikutkur.

(2.) The Sub-Inspector of Excise, Nandikotkur, conducted search of the house of the petitioner on 15-3-1989 and Chloral Hydrate was seized from his house. Therefore, a charge-sheet was laid against the accused on 6-8-1990 under S. 34(a) of the A.P. Excise Act ('the Act' for short) before the Court of the Additional Judicial First Class Magistrate, Nandikutkur. The learned Magistrate took cognizance of the case by taking it on file on 28-8-1990 as C.C. No. 115/90. The petitioner files Crl. M.P. No. 51 of 1991 objecting to the taking cognizance of the offence on the ground that the prosecution is barred by limitation under section 468(2), Cr.P.C. The learned Magistrate dismissed the said petition. Thereupon the petitioner filed Crl.R.P. No. 13 of 1991 but the same was also dismissed on 29-5-1991 by the Ist Additional Sessions Judge, Kurnool. It is against the said order of the learned Sessions Judge, this petition is filed.

(3.) It is contended by the learned counsel for the petitioner in this Court that since the charge-sheet has been filed beyond one year on 6-8-1990 but the seizure was made on 15-3-1989 more than one year from the date of registration of case by the Excise Officials, the learned Magistrate ought not to have taken cognizance of the same and ought not to have taken the case on file, and it is hit by the provisions contained in S. 468, Cr.P.C.