IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Crl.MC.No. 3014 of 2009() ------------------------- CC.7/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ANDROTH .................... PETITIONER(S): ACCUSED NO.1 TO 6: --------------------------------- 1. CHONNAM MUTHUKOYA, S/O.USMAN KUTTY, AGM OFFICE, SPORTS DEPARTMENT, KAVARATHY. 2. U.P.MOHAMMED, S/O.MOHAMOOD, AGM OFFICE, SPORTS DEPARTMENT, KAVARATHY. 3. K.IRSHAD KHAN, S/O.ABOOBACKER KHANY, AGM OFFICE, SPORT DEPARTMENT, KAVARATTY. 4. K.KUNHIKOYA, S/O.ATTAKOYA, AGM OFFICE, SPORT DEPARTMENT, KAVARATTY. 5. P.P.NAZEER, S/O.A.P.HAMZATH, AGM OFFICE, SPORT DEPARTMENT, KAVARATTY. 6. V.BASHEER, S/O.K.P.MOHAMMED, AGM OFFICE, SPORT DEPARTMENT, KAVARATTY. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT: --------------------------- LAKSHADWEEP STATE, REPRESENTED BY THE STANDING COUNSEL, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3014 OF 2009 ------------------------------------------ Dated 13th October 2009 O R D E R Petitioners are accused in crime No.10/2004 of Kavaratti police station, Lakshadweep registered under Section 3(a) of Lakshadweep Prohibition Regulation, 1979 alleging that petitioners transported five bottles of XXX Rum along with vegetables in M.V.Tipu Sulthan ship at about 8.45 p.m on 11/12/2004 when there is prohibition of consumption of liquor and thereby committed the offence. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that as the maximum sentence provided for the offence is imprisonment for one year or fine which may extent to rupees Two Thousand, period of limitation provided under Section 468 of Code of Criminal Procedure is only one year and final report was submitted only on 7/4/2006 and on that date learned Magistrate could not have taken cognizance of the offence and therefore, the proceedings is to be CRMC 3014/09 2 quashed. 2. Learned counsel appearing for the petitioners and Prosecutor appearing for Lakshadweep Administration were heard. 3. Learned Public Prosecutor fairly submitted that as the maximum sentence provided for the offence is only imprisonment for one year, period of limitation under Section 468 of Code of Criminal Procedure is only one year though final report was seen prepared on 18/11/2005, in fact it was sent by the Circle Inspector of police only on 10/1/2006 after the period of limitation and none of the provisions extending the period of limitation is applicable. 4. Section 468 of Code of Criminal Procedure is a clear bar for taking cognizance of an offence after the expiry of the period of limitation. As the maximum punishment provided for the offence is imprisonment for one year and fine of Rupees ten thousand, the period of limitation under Section 468(2)(b) of Code of Criminal Procedure is only one year. As the offence was on 11/12/2004 and the final report was filed only after the expiry of the period of limitation and no other exemption is available. In such circumstances, learned CRMC 3014/09 3 Judicial First Class, Androth could not have taken cognizance after the period of limitation. The cognizance taken is therefore illegal and can only be quashed. Petition is allowed. C.C.7/2006 on the file of Judicial First Class Magistrate, Androth is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.