KUNJ BEHARILAL & JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Station House Officer, Sardarpura, Police Station Jodhpur submitted challan against the petitioners in the Court of Judicial Magistrate No. 3, 1st class, Jodhpur on 6th March, 1973 in respect of an offence u/s 54 (a) of the Rajasthan Excise Act, 1950 (hereinafter referred to as the Act'). The offence complained of in lie said challan was alleged to have been committed on 13th Feb., 1972. On the basis of the aforesaid challan, cognizance was taken of the offence u/s 54 ta) of the Act as against the-petitioners on 6th March, 1973 and a charge u/s 54 (a) of the Act was also framed 'against the petitioners. Subsequently, the petitioners raised an objection that in view of the provisions contained in sub-section (2) of section 67 of the Act, cognisance could not have been taken of the offence alleged to have been committed on 13th Feb., 1972 after the expiry of the period of one year from the date of commission of the offence and that the petitioners could not be tried for the aforesaid offence. The aforesaid objection was considered by the Judicial Magistrate and by his order dated 26th July, 1982, the Judicial Magistrate has held that the objection with regard to the bar of limitation raised by the petitioners under subsection (2) of section 67 of the Act, could be raised only before the cognizance had been taken and since cognizance had already been taken on 6th March, 1973, he was not competent to review the aforesaid order dated 6th March 1973 where by cognizance was taken as against the petitioners and in the circumstances, the Judicial Magistrate rejected the objection raised by the petitioners. There upon, the petitioners have submitted this petition u/s 482 Cr P.C. where in they have prayed that the proceedings pending against the petitioners in Criminal Original Case No 13/80 u/s 54 (a) of the Act in the Court of Judicial Magistrate No. 3 Jodhpur may be quashed.

(2.) I have heard Shri M. M. Singhvi, the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the original record. Sub-section (2) of section 67 of the Act reads as under :

(3.) The aforesaid sections show that in respect of offences punishable under the Act, a period of limitation of one year has been prescribed and a bar has been imposed on the Magistrate from taking cognizance in respect of offences punishable under the Act in prosecutions which are not instituted within a year from the date on which the offence is alleged to have been committed. The said bar can be lifted only in those cases where the special sanction of the State Government has been obtained.