N.N. Mathur, J. - (1.) By way of instant petition under Section 482 Criminal Procedure Code, the petitioners have challenged the order dated 5.4.2004 passed by the Chief Judicial Magistrate, Udaipur, whereby the rejected the application filed by the petitioners under Section 468 of the Code of Criminal Procedure.
(2.) Briefly stated the facts of the case are that the Drugs Inspector filed a complaint in the court of Chief Judicial Magistrate, Udaipur alleging inter alia that on 24.8.93 he had purchased Climpane Capsules from one Indian Drug Distributors. It was found that the said drug was manufactured by the petitioners. As such notice alongwith the report of the Laboratory which opined that the sample did not comply with the claim in respect of Cloxacillin content was forwarded to the petitioners. A complaint against the petitioners for offence under Section 18(a)(1) and 18(B) read with Sections 16(1)(A), 17(C), 17(AF), 27B)(1), 28(A) and 27(D) of the Drugs and Cosmetics Act was filed.
(3.) It is contended by the learned counsel that the alleged sample was taken by the Drugs Inspector on 24.8.93 and the complaint was filed on 26.2.98. The offences alleged in the complaint are punishable with a maximum sentence of up to 3 years and as such the complaint was barred by limitation provided under Section 468 Cr.P.C. This position has not been disputed by the learned Public Prosecutor.;