GOPALDAS KESHWANI Vs. STATE OF M P

JUDGEMENT

(1.) This is an application under Section 482 of Cr.P.C. seeking quashment of the prosecution against the applicant who has been arrayed as one of the accused in the Trial Court.

(2.) A charge-sheet making out a case under Sections 7/16, 7(ii)(iii), 14A of Prevention of Food Adulteration Act, 1954 and Rule 50 of Prevention of Food Adulteration Rules, 1955 has been filed against the applicant on 21.07.2005. In the charge-sheet it has been stated that offence has been committed on 29.12.2001 when the samples of biscuit and cake were obtained from the establishment of applicant/accused by the Food Inspector.

(3.) The contention of learned counsel for applicant is that as per the prosecution's own case the sample of the adulterated biscuit and cake were obtained on 29.12.2001 and admittedly charge-sheet has been submitted on 21.07.2005 which is ex facie barred by time as envisaged under Section 468 of CrPC. Learned counsel has invited my attention to Section 469 CrPC and submitted that period of limitation shall commence on the date of commission of the offence. Hence, it has been submitted that beyond the prescribed period of limitation which is three years, the charge-sheet has been filed and therefore prosecution launched against the applicant be quashed. In support of his contention learned counsel has placed heavy reliance upon the decision of Supreme Court State of Himanchal Pradesh v. Tara Dutt and another, 2000 AIR(SC) 297 and also two decisions of this Court Shri Krishna Sanghi and others v. State of Madhya Pradesh, 1976 MPLJ 559 and Harishankar & anr. Vs. State of M.P., 2008 ILR(MP) 977.