Charge sheet filed beyond limitation period quashed under Section 468(2)(c) Cr.P.C.

ORDER

The present petition has been filed by the fifth accused in S.T.C.No.

1090 of 2023 on the file of the learned Judicial Magistrate No.III, Thoothukudi, seeking to quash the charge sheet, wherein, he is charged with the offence under Section 4(1)(a) of Tamil Nadu Prohibition Act.

2. The petitioner herein along with others were alleged to have committed an offence under Section 4(1-A) of Tamil Nadu Prohibition Act and an FIR came to be registered in Crime No.158 of 2020 on the file of the first respondent police on 18.04.2020.

3. The seized material was sent for forensic lab and report was received on 03.11.2020, wherein, it is found that there is no intoxicating material which is likely to cause death or grievous hurt to the consumer.

Thereafter, charge sheet has been laid on 24.05.2023 under Section 4(1)(a)

of Tamil Nadu Prohibition Act. These facts are not in dispute.

4. According to the learned counsel appearing for the petitioner, the maximum punishment for an offence under Section 4(1)(a) of Tamil Nadu Prohibition Act is not less than one year but which may extend to three years and with fine as per Section 4(1)(c) of Tamil Nadu Prohibition Act, 1937. Therefore, according to him, as per Section 468(2)(c) Cr.P.C., the charge sheet having not been laid within a period of three years from the date of the offence, it is beyond the period of limitation. He further submitted that no application was filed under Section 473 Cr.P.C.

5. Per contra, the learned Additional Public Prosecutor appearing for the first respondent police submitted that the fact that there is no intoxicating material to cause death or grievous hurt was found only on 03.11.2020 by way of lab report and therefore, the charge sheet having been laid within a period of three years from the said date is not barred by limitation and therefore, that is not a ground to quash the charge sheet.

6. Heard both sides and perused the material records.

7. Admittedly, the petitioner is alleged to have committed an offence under Section 4(1-A) of Tamil Nadu Prohibition Act and an FIR came to be registered as against him on 18.04.2020. The respondent officials were aware of the fact that the case would not fall under Section 4(1-A) of Tamil Nadu Prohibition Act on 03.11.2020 itself. Therefore, the question of invoking Section 469(1)(b) Cr.P.C. would not arise. The said provision can be invoked only if commission of offence was not known to the person aggrieved or to the police officers. In the present case, commission of offence is known to the police officer and there was a delay in getting a lab report. Therefore, the said provision namely Section 469(1)(b) Cr.P.C.

cannot be invoked to extend the period of limitation.

8. For the offence under Section 4(1)(a) of Tamil Nadu Prohibition Act, the maximum punishment that could be imposed is only up to three years. Therefore, Section 468(2)(c) Cr.P.C. is squarely applicable to the facts of this case. The charge sheet having not been laid within a period of three years, namely on or before 17.04.2023, is clearly barred by limitation.

9. In view of the said facts, the charge sheet having been laid beyond the period of limitation, no purpose would be served in directing the petitioner to undergo ordeal of trial and therefore, proceedings in S.T.C.No.1090 of 2023 on the file of the learned Judicial Magistrate No.III, Thoothukudi, is hereby quashed in so far as the fifth accused is concerned, who is the petitioner herein.

10. Accordingly, this Criminal Original Petition stands allowed.

Consequently, connected Miscellaneous Petitions are closed.