Full Judgment Text
CRL.A. NO... of 2010 @ SLP(CRL) 883 of 2010
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1528 OF 2010
ARISING OUT OF SLP (CRL.) NO. 883 OF 2010
PRAKASHAN ..... APPELLANT
VERSUS
STATE OF KERALA ..... RESPONDENT
O R D E R
1. Leave granted.
2. Nobody had put in appearance on behalf of respondent
today when the matter was called.
3. We have heard the learned counsel for the appellant.
4. This is indeed an unfortunate case. The appellant
has impugned the proceedings initiated against him under
Clauses 3 and 4 of the Lubricating Oils and Greases
(Processing, Supply and Distribution Regulation)Order, 1987
read with Sections 3 and 7 of the Essential Commodities
Act. As per the admitted position, the case had been
th
registered on 7 September, 1987 and the charge sheet
th
submitted on 20 June, 1999 whereas the lubricants that had
th
been seized had been sent for analysis on the 9 June, 2005
th
and the report thereof had been received on 10 June, 2008.
CRL.A. NO... of 2010 @ SLP(CRL) 883 of 2010
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A period of 21 years has thus elapsed since the
registration of the case.
5. In view of the delay, the continuance of proceedings
would be against the interests of justice and an abuse of
the process of the court. We, accordingly, allow this
appeal and quash the proceedings against the appellant.
......................J
[HARJIT SINGH BEDI]
......................J
[C.K. PRASAD]
NEW DELHI
AUGUST 06, 2010.