PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 23-6-1973. the Punjab Excise staff checked Car No. HRA-8772 in Mohali when it transpired that it had 95 illicit bottles of country liquor in it. One of the occupants of the car, besides the petitioners, was one Jagdish Chand who has since died. They were arrested and later on bailed out. The police put in challan under Section 61 of the Punjab Excise Act for the prosecution of the petitioners on 28-9-1979.

(2.) THE petitioners have sought the quashing of the proceedings on the ground that the challan having been put in beyond the period of limitation as envisaged under Section 75 of the Punjab Excise Act, 1914, and Section 468 of the Criminal Procedure Code, the Magistrate concerned had no power to take cognizance of the offence against the petitioners.

(3.) IN the written statement, the aforesaid facts are not disputed. However, it is pleaded that the Excise Department had approached the State Government under Sub-section (2) of Section 75 of the Excise Act for special sanction to launch prosecution after the expiry of the period of one year and since the sanction of the State Government was given on 20-8-1979, which was received by the investigating officer on 29-8-1979, the challan could not be put in earlier than 28-9-1979. It is further mentioned that when the period taken by the State Government for granting special sanction is taken into consideration in terms of Sub-section (3) of Section 470, Criminal Procedure Code, then the challan put in by the police is well within the time envisaged by Clause (c) of Sub-section (2) of Section 468 Criminal Procedure Code.