SANJAY KUMAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Cr.PC has been filed against the order dated 28.6.1991 of taking cognizance and for quashing the proceedings in Criminal Case No. 247/91, pending in the Court of Additional Civil Judge & C.J.M. Court No. 6, Jaipur City, Jaipur, under Sec. 27(b)(1) read with Sec. 18(1) of the Drugs & Cosmetics Act (for short the 'Act').

(2.) Counsel for the petitioners submits that sample of the medicine was taken on 29.2.1988, from the shop of Jayshree Medical Centre, Baroda (Gujarat). Complaint was filed in the Court of C.J.M. Jaipur City, Jaipur, on 28.6.1991 after a period of three years.

(3.) Sec. 468(1 )(c) of the Code Criminal Procedure provides that no Court shall take cognizance of an offence after a period the three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. The maximum sentence under the aforesaid Sections is 3 years. The complaint has been filed after a period of three years from the date of taking of sample which is clearly barred by limitation. Under such circumstances the trial court should not have taken cognizance of the offence as the complaint was already barred by limitation. 5. The continuance of the proceedings amounts to abuse of the process of the Court. 6. It has been prayed that the order of taking cognizance should be quashed. 7. Learned Public Prosecutor also admits that the complaint was filed after a period of three years from the date of taking sample. 8. Consequently, I allow the application and quash the charge of offence under Sec. 27(b)(1) read with Sec. 18(1) of the Act framed against the petitioners. Petition allowed.