Case Note & Summary
The petitioners, M/s Modern Laboratories and its partner Arun Kumar Kharia, were accused in CC No.68/2012 on the file of the III Addl. Chief Judicial Magistrate, Mysore, for alleged violation of Section 18(a)(i) punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940. They filed a petition under Section 482 Cr.P.C. seeking quashing of the proceedings on the ground that the complaint was barred by limitation under Section 468(2)(c) Cr.P.C. The court examined the dates mentioned in the complaint: the sample was drawn on 22.12.2007, the analyst report was received on 28.01.2008, and the complaint was filed on 20.01.2012. The petitioners argued that the period of limitation should commence from the date of drawing the sample, i.e., 22.12.2007, and since the complaint was filed beyond three years, it was barred. The court agreed, holding that the offence under Section 27(d) is punishable with imprisonment for a term which may extend to three years, thus falling under Section 468(2)(c) Cr.P.C. which prescribes a limitation period of three years. The court noted that the limitation period starts from the date of the offence, which in this case is the date of drawing the sample. Since the complaint was filed on 20.01.2012, more than three years after 22.12.2007, it was clearly barred by time. Consequently, the court quashed the entire proceedings in CC No.68/2012.
Headnote
A) Criminal Procedure Code - Limitation for Taking Cognizance - Section 468(2)(c) Cr.P.C. - Offence punishable with imprisonment for a term exceeding one year but not exceeding three years - The period of limitation for taking cognizance of an offence under Section 27(d) of the Drugs and Cosmetics Act, 1940 is three years. (Para 4) B) Drugs and Cosmetics Act - Limitation - Commencement of Limitation Period - Section 27(d) read with Section 18(a)(i) - The period of limitation commences from the date of drawing of sample, not from the date of receipt of analyst report. (Para 4) C) Criminal Procedure Code - Bar to Taking Cognizance - Section 468 Cr.P.C. - Where complaint is filed beyond the period of limitation, the court is barred from taking cognizance of the offence. (Para 4)
Issue of Consideration
Whether the complaint for offence under Section 18(a)(i) punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940 is barred by limitation under Section 468(2)(c) of Cr.P.C.
Final Decision
The petition is allowed. The entire proceedings in CC No.68/2012 pending on the file of the III Addl. Chief Judicial Magistrate, Mysore, are quashed.
Law Points
- Limitation for prosecution under Section 27(d) of Drugs and Cosmetics Act
- 1940 is three years under Section 468(2)(c) Cr.P.C.
- period of limitation commences from date of drawing sample
- complaint filed beyond limitation is barred and cognizance cannot be taken
