THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.9482 of 2010 ORDER: The petitioner herein-accused in C.C.No.237 of 2007 on the file of the II Additional Chief Metropolitan Magistrate at Red Hills, Nampally, Hyderbad, is facing prosecution for the offence punishable under Section 27(d) of the Drugs and Cosmetics Act. The punishment prescribed for the said offence is imprisonment for two years and fine. The visit of the Drug Inspector, which led to the prosecution, was on 01.02.2003, and the certificate of test of analysis was received on 07.02.2003. The prosecution was ultimately launched only on 29.01.2007. What the petitioner complains herein is that the prosecution was launched beyond the period prescribed by Section 468 Cr.P.C. and on the admitted facts, the said claim is indisputable. The prosecution did not claim the benefit of the extension of period of limitation under any other provision of the Code of Criminal Procedure and therefore, in the light of the principle laid down by this Court in Criminal Petition No.2021 of 2009, dated 28.04.2009 that non-filing of the complaint within the time prescribed by Section 468 Cr.P.C. bars such prosecution, the criminal proceedings have to be quashed. Therefore, the further proceedings in C.C. are quashed. The Criminal Petition is allowed accordingly. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 24th December 2010 DR