JUDGMENT :

Rakesh Kainthla, J.

The Drug Inspector for Kangra and Chamba, alongwith the police inspected the premises of petitioner/accused Suresh Sood being run in the name and style of M/S Modern Medical Store, Palampur, District Kangra (HP) on 16.05.2004. Petitioner/accused Suresh Sood was present in the shop at the time of the inspection. The search was conducted in the presence of witnesses Chanda Ram, Nand Lal, Mastan Singh (subinspector, P.S. Palampur) and Parkash Chand. During the search, certain boxes of drugs were found on the premises. The petitioner Suresh Sood was asked to produce purchase and sale records of the drugs as required under the Drugs and Cosmetics Act, 1940 and the Rules framed thereunder. However, he could not produce any sales records. Hence, the Drug Inspector seized the drugs in the presence of witnesses. These were put in a box, which was sealed and labelled as per the law. Form No.16 was filled on the spot and the same was handed over to the proprietor. Custody orders were obtained from the learned Chief Judicial Magistrate, Kangra at Dharamshala. A notice was served upon Suresh Sood on 16.05.2004 forthe production of sale purchase record of the drugs seized by the Drug Inspector under provisions of the Drugs and Cosmetics Act 1940 and Rules framed thereunder. A show cause notice was also served upon the petitioner/accused. An intimation of seizure was given to the Drugs Controlling Authority. The accused sent a letter dated 24.05.2004 and submitted the photocopy of invoice No. 4485 dated 15.11.2003 of M/s Rajagan Medical Agencies. The premises were again inspected and the original invoice of 4485 and cash memo were seized in the presence of witnesses Brahmu Ram, Dharam Pal, Parkash Chand and Parkash Singh. Drug Inspector wrote a letter dated 26.05.2004 for the production of carbon copies of cash memos from 01.04.2003 to 31.03.2004 including cash memos No 36oo to 4000 and 4400 to 4800. The accused produced the carbon copies on 27.05.2004, which were seized in the presence of Sanjeev, Parkash Chand and K.C. Bharti. The matter was taken up with the District Drug Inspector, Amritsar vide letter dated 01.06.2004 who informed about the non-existence of M/S Rajgan Medical Agencies, Katra Sher Singh, Amristar and non-genuineness of its invoice No. 4485 dated 15.11.2003 vide letter dated 07.06.2004. The matter was taken up with the Drug Controlling Authority vide letter dated 28.05.2004 for getting the prosecution sanction. The prosecution sanction was obtained on 28.08.2010 and the complaint was filed thereafter.

2. The learned Trial Court summoned the accused. He filed an application under Section 227 of Cr.P.C. for his discharge. It was asserted that the basic ingredients of the commission of offence were missing and the person who had raided the premises of the accused, is the same person who has given prosecution sanction. The premises of the accused were searched in the year 2004; however, the complaint was filed in the year 2011, beyond the period of limitation. Hence, it was prayed that the petitioner/accused be discharged.

3. The learned Trial Court held that the person raided the premises in the capacity of Drug Inspector but gave the sanction in the capacity of Assistant Drug Controller. These are different capacities and will not vitiate the sanction. The sanction was obtained in the year 2010, and the complaint was filed in the year 2011. The benefit of Section 470(3) of Cr.P.C. will be available to the Drug Inspector. The time spent in obtaining the sanction has to be excluded and the complaint cannot be said to be barred by limitation. Consequently, the application was dismissed.

4. Being aggrieved from the order passed by the learned Trial Court, the accused filed a revision, which was decided by learned Sessions Judge, Kangra at Dharamshala. The learned Revisional Court held that the raid was conducted in the year 2004. The matter remained pending for obtaining prosecution sanction, which