STATE OF RAJASTHAN versus SANJAY KUMAR AND ORS.

STATE OF RAJASTHAN versus SANJAY KUMAR AND ORS.

The period of limitation for filing the complaint commenced from July 2, 1988, when the Government Analyst's report came to the officer's knowledge, not from February 29, 1988, the date of collection of samples. Therefore, the complaint filed on June 28, 1991 was within limitation.

Parties
Appellant: State of Rajasthan; Respondents: Sanjay Kumar and Ors.
Jurisdiction
India
Judgment Date
01 May 1998
Procedural Posture
Criminal Appeal / Appeal Against High Court Order (quashing Complaint as Barred by Limitation)
Outcome
Appeal allowed; impugned High Court order set aside.
Legal Topics
Computation of Limitation, Offences Under Drugs and Cosmetics Act
Criminal Procedure Drugs and Cosmetics Law Computation of Limitation Offences Under Drugs and Cosmetics Act

Case Brief

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Parties

State of Rajasthan

Appellant

Sanjay Kumar and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against High Court Order (quashing Complaint as Barred by Limitation)

Legal Issues

  1. 1 Whether the complaint was barred by limitation under Section 468(2)(c) CrPC
  2. 2 What is the correct starting point for the period of limitation under Section 469(1) CrPC

Ratio Decidendi

The period of limitation for filing the complaint commenced from July 2, 1988, when the Government Analyst's report came to the officer's knowledge, not from February 29, 1988, the date of collection of samples. Therefore, the complaint filed on June 28, 1991 was within limitation.

Court Disposition

Appeal allowed; impugned High Court order set aside.

Orders

  • Complaint proceedings remanded to Additional Civil Judge and Chief Judicial Magistrate, Jaipur, for disposal in accordance with law.