Justice R.N. Manjula while quashing an FIR for not following the mandatory procedure and prescribed time period noted that the purpose of prescribing time limits is to ensure that there is no contamination in the chemical products and the analysis, if time limits are not followed the test results become unreliable.
Brief Facts:
This Criminal petition has been filed to call for the records and to quash the proceedings against the petitioner pending on the file of the first respondent. The petitioner was the sole accused in the case and he was found unloading adulterated diesel. The tahsildar gave the complaint to the deputy superintendent of police after due search and seizure, and then the case was registered for offences under the Motor Spirit and High-Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 2005 and the Essential Commodities Act, 1955.
Contentions of the Petitioner
The counsel for the petitioner submitted that according to the two statutes under which the petitioner has been found guilty, the authorized person who has the power of search and seizure is a police officer who should not be below the rank of Deputy Superintendent and it should be duly authorized by general or special order of the Central or the state government as the case may be. However, in the current case, the search and seizure were done by the Tahsildar.
Further, it was contended that as per the order, the authorized officer shall forward the sample within ten days to the laboratories as mentioned in the schedule of the order and the laboratory should furnish the report to the authorized officer within a period of twenty days from the day of receipt of the sample and then the copy of the test result shall be communicated to the person involved in the offence within a period of five days from the receipt of the test results.
Contentions of the Respondent
The respondent submitted that the Deputy Superintendent of Police collected the samples and gave them to the Director of the laboratory for chemical analysis. Further, it was contended that as per Section 5 of the Essentials Commodities Act, 1955 the inspector of the police can delegate the powers in relation to the matters falling under the act and therefore there is no legality in the proceedings and the proceedings cannot be quashed on the ground that the investigation is invalid.
Observations of the court:
The Court noted that The Tahsildar carried out the search and seizure and the sample was sent to the police when the complaint was filed. After two months the samples were sent to the laboratory as against the 10 days deadline as mentioned in the law. The laboratory was supposed to submit the test results within 20 days of receiving the sample, but they gave the analysis report after a delay of one year. And the test results were never communicated to the accused.
Further, it was noted that the delay at every stage had deprived the accused of availing the option to defend the case. Therefore, the prescribed time limit was violated and the court deemed it fit to quash the FIR.
The decision of the Court:
As the mandatory procedure and the prescribed time limit were violated the entire proceedings were corrupted and no purpose would be served if the investigation is allowed to be continued. And therefore, as per Section 482 of the CrPC, the court exercised its power and quashed the FIR, allowing the Criminal Original Petition.
Case Title: Venkatesan @ Venkatesh v. State and others
Coram: Honourable Ms. Justice R.N. Manjula
Case No.: Crl. O.P Nos.17889 of 2021 and Crl. M.P. No.9825 of 2021
Advocate for the Appellant: Mr. Mohamed Riyaz
Advocate for the Respondent: Mr. A. Gopinath; Government Advocate (Crl. Side)
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