TaxTMI 
TaxTMI 
1998 (5) TMI 422
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....cal center, Baroda (Gujarat), meant for public sale. He 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 C....
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....re observances of the principle of fairness in the trial 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 cogni....
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....ch the punishment is provided upto three years, then the 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 d....
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.... drugs within the meaning of the relevant provisions of the Act and/or storage, 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-....