9911796707
TMI Blog1998 (5) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... sent those samples for chemicals analysis to Government Analyst, Food and Drugs Laboratory, Baroda on March 2,1988. In his report of July 2,1988, the Government Analyst opined that those drugs were not of standard quality. After due enquiry and investigation the Drug Controller ordered prosecution of the respondents on February 3, 1990 and accordingly the Drugs Inspector (IB), Directorate, Medical and Health Services, Rajasthan, Jaipur, filed complaint under Section 18(A) read with Sections 16, 17 and 17A punishable under Sections 27(d) and 27(b)(i) of the Drugs and Cosmetics Act, 1940, on June 28,1991. On the same day, the learned Additional Civil Judge C.J.M., Court No. 6, Jaipur City Jaipur took cognizance on the said complaint as Crim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the offences by barring belated prosecution. Delay in prosecution of offences causes undue hardship as it keeps the sword handing on the heads of accused persons and it also results in the material evidence getting vanished. This chapter applies to all such offences for which punishment prescribed is less than three years. But it does not apply to offences for which punishment prescribed is more than three years and to economic offences under various Acts, which are excluded under Central Act 12 of 1974 or any State Acts. It contains seven Sections 467-473. Section 467 defines the expression 'period of limitation' used in the chapter. Section 468 creates bar to taking cognizance of offences after lapse of period of limitation. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period of limitation for all the offences, if they are tried together, will be three years. 7. Section 469 deals with commencement of the period of limitation and it reads thus:- 469. Commencement of the period of limitation - (1) The period of limitation, in relation to an offender, shall commence - (a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or (c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... distribution and sale of such drugs in contravention of the provisions of the Act. On the date of collection of samples from respondent No. 16, on February 29, 1988, it could not have been said that any offence was committed as selling of drugs per se is no offence and the quality of the drugs was not known to the Drugs Inspector, the complainant on that date. It is only, when the report of the Government Analyst was received, that it came to light that the provisions of the Act are violated and offence is committed. So on the facts of this case it cannot be said that Clause (a) of Section 469(1) is attracted. That the drugs which were offered for sale were sub-standard/adulterated, within the meaning of the Act, came to the knowledge of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Courts in the above cases. 13. For the above reasons, in the instant case, the limitation for the purpose of Section 468(2)(c) will commence from July 2, 1988, the date of knowledge of the commission of offence to the concerned officer under Section 469(1)(b) but not from February 29,1988 (the date of collection of samples by the Drugs Inspector) and as the complaint was filed on June 28, 1991 which is within three years so the complaint is not barred by limitation under Section 468(2)(c). The High Court has missed this germane aspect erroneously took the date of commencement of the limitation as February 29,1988, the date on which the samples were collected by the Drugs Inspector from accused No. 16. It is thus clear that the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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