Sunil Kumar Garg, J. - (1.) This petition under section 482 Criminal Procedure Code has been filed by the petitioners against the judgment dated 9.12.2002 passed by the learned Chief Judicial Magistrate, Pali in Criminal Case No. 522/1991 (State v. Asha Ram) for the offence under sections 18(a)(1) r/w 16, 17 and 27(d) of Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act of 1940') by which the learned Chief Judicial Magistrate, Pali taking recourse of Section 36(a) of the Act of 1940 ordered for de novo trial when the case was posted for hearing final arguments.
(2.) It arises in the following circumstances : (i) That on 14.4.1989, the Drug Inspector PW-1 Raghuveer Singh Thakur inspected the firm M/s. Agarwal Agencies, Pali (accused-petitioner No. 4 at present) in the presence of Asha Ram Goyal (petitioner No. 1) and also took the samples of 4 x 200 ml. Ashoka Liquid Extract 1.P.65 B.No. 10 MD - Jan. 89, expiry 5 years from the date of manufacturing. Thereafter, through letter dated 2.5.1989 sent the above said sample to Government Analyst, Drug Testing Laboratory, Sethi Colony, Jaipur and vide report dated 21.6.1989 they were found misbranded. (ii) That after investigation a complaint was filed on 19.7.1991 in the Court of Chief Judicial Magistrate, Pali against 12 persons inter alia stating that they have committed offence under the provisions of Act of 1940. (iii) That on that complaint, cognizance was taken by the learned Chief Judicial Magistrate, Pali on 22.7.1991. Contents of the offence were read over to the accused-petitioners on 2.11.1999 and evidence of the prosecution was closed on 11.4.2002. Thereafter, statements of the accused-petitioners were recorded under section 313 Criminal Procedure Code on 29.7.2002 and since 14.8.2002, the case was running hearing for the final argument. (iv) That from the order-sheet dated 17.5.2002, it also appears that the C.J.M. was transferred and thereafter C.J.M. was on leave or the case was adjourned for one or the other reason. Then on 9.12.2002 as stated above, order for de novo trial of warrant case instituted on the complaint was ordered. (v) That aggrieved from the order dated 9.12.2002 passed by the learned Chief Judicial Magistrate, Pali, the petitioners have filed the present petition under section 482 with a prayer that the order dated 9.12.2002 passed by the learned Chief Judicial Magistrate, Pali directing for de novo trial be quashed and set aside.
(3.) Learned counsel for the petitioners has raised mainly two submissions that : (i) Since the incident took place on 14.4.1989 and now 15 years elapsed, therefore, criminal proceedings against the petitioners be quashed and dropped, (ii) That the order of de novo trial cannot be sustained by any law and it should be set aside.;