Madhya Pradesh High Court
M/S German Remedies Ltd. And Ors. vs The State Of M.P. on 13 August, 2018
1 MCRC-6643-2002
The High Court Of Madhya Pradesh
MCRC-6643-2002
(M/S GERMAN REMEDIES LTD. AND ORS. Vs THE STATE OF M.P.)
2
Jabalpur, Dated : 16-08-2018
Shri Manish Datt, Senior Advocate with Shri Pradeep Hazare,
Advocate for the applicant.
Shri Manish Soni, G.A. for the Respondent.
This petition under Section 482 of Cr.P.C. has been preferred by the applicants for quashment of the proceedings of Cr. complaint Case No. 2187/87 (wrongly mentioned as 218/87) pending before the Judicial Magistrate First Class, Rewa with regard to prosecution on the complaint filed by the Respondent for commission of offence under Section 27-A and 28-A of the Drugs and Cosmetics Act, 1940 on 8.10.1987.
The incident of commission of offence was noticed by the Drug Inspector on 12.5.1982 and the offence is punishable under Section 27-A and 28-A of the Drugs and Cosmetics Act, which are not punishable for more than three years imprisonment and under Section 468 of the Cr.P.C., three years maximum period has been prescribed for the offence punishable not exceeding three years and as per the provisions of 469 of the Cr.P.C. commencement of the period of limitation will start from the date of knowledge of the offence by the person aggrieved. In the present case no application under Section 473 of the Cr.P.C. has been filed explaining the delay and for condonation thereof. Therefore, the order with regard to taking cognizance of the offence is bad in law. Hence, the proceedings of the aforesaid criminal case be quashed.
Having heard the learned counsel for the applicant and on perusal of the record, it is found that the alleged offence was noticed by the Drug Inspector, Rewa on 12.5.1982 but the complaint was filed on 8.10.1987, after nearabout 5 years and the offence is not punishable for more than three years and no application for condonation of delay has been filed, therefore, as per the provisions of Section 468 of the Cr.P.C., the complaint is time barred and the proceedings cannot be continued.
Hence, this petition is allowed and the proceedings in the criminal Complaint Case No. 2187/87 pending before the Judicial Magistrate First Class, Rewa against the applicant is set aside.
(J. P. GUPTA) JUDGE Digitally signed by VIJAY LAKSHMI JHA Date: 20/08/2018 03:49:54 2 MCRC-6643-2002 vj Digitally signed by VIJAY LAKSHMI JHA Date: 20/08/2018 03:49:54