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  

registered  on  7th September,  1987  and  the  charge  sheet  

submitted on 20th June, 1999 whereas the lubricants that had  

been seized had been sent for analysis on the 9th June, 2005  

and the report thereof had been received on 10th June, 2008.

CRL.A. NO...     of 2010 @ SLP(CRL) 883 of 2010 2

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.