SHANTI LAL & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition u/s. 482 Cr.RC. is directed against the order dated 26.7.2002 passed by Judicial Magistrate, Aaspur, district Doongarpur in Criminal Case No. 46/2002.

(2.) I have heard learned counsel for the parties. Perused the order-impugned.

(3.) On 20.7.2001, 43 bottles of illicit liquor was recovered form the possession of the petitioners by excise party, Doongarpur. After investigation, charge sheet was filed on 5.3.2002 before the learned Judicial Magistrate, Aaspur against the petitioners for offence u/s. 16/54 of the Rajasthan Excise i Act, 1950 (for short the Act). Matter came up before the trial court for consideration on 15.3.2002. On that date, the accused petitioner was not present before the court and the matter was adjourned to 6.4.2002. On 6.4.2002 the accused appeared and objected for taking cognizance on the ground that alongwith the charge sheet, F.S.L. report has not been filed and the matter was adjourned to 23.7.2002 for filing F.S.L. report. Thereafter the report was filed. However, the trial court could not take cognizance within a period of one year from the date of commission of offence thought the charge sheet was filed within a period of one year from the date of commission of the offence. The trial court observed that unless there is a sanction from the State Govt, as envisaged in sub-section (2) of section 67 of the Act, the court cannot take cognizance of an offence punishable u/s. 16/54 after the expiry of period of one year from the date of commission of offence. Sec. 67(1) of the Act provides that no Magistrate shall take cognizance of an offence punishable u/s. 54 or section 57 or section 59 or section 63 except on his own knowledge or suspicion or on a complaint or the report of an Excise Officer unless the prosecution is instituted within a period of one year from the date on which the offence is alleged to have been committed except with the special sanction of the State Govt. Sub-section (2) of section 76 provides exception to the period of limitation that is with a special sanction of the State Govt. The trial court did not take cognizance keeping in view the provisions of section 67(2) of the Act and awaited for the sanction from the State Govt. It is for the State Govt, to accord sanction as provided in sub-section (2) of section 67 of the Act.