Vesela Krishnaiah v. State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH *** CRL.R.C.No.2337 of 2013 Between:

Vesela Krishnaiah ... Revision Petitioner/Petitioner and The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Hyderabad.

... Respondent DATE OF JUDGMENT PRONOUNCED: 05-08-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No Marked to Law Reporters/Journals?

3. Whether Their Lordship wish to see the Yes/No fair copy of the Judgments?

HON'BLE SRI JUSTICE M.S.K. JAISWAL CRL.R.C.No.2337 of 2013 ORDER:

The petitioner assails the docket order of the learned Judicial Magistrate of First Class, Thorrur, Warangal District (for short, 'trial Court') dated 30.09.2013 in Crl.M.P. (SR) No.7277/2013 in Crime No.251 of 2013 of Narsimhulapet Police Station, Warangal District in returning the petition filed by the petitioner-accused for return custody of the seized black jaggery.

The petitioner-accused allegedly

committed the offences under Section 7(A) r/w.8(c) of A.P.Prohibition Act, 1995 and under Section 34(e) of A.P.Excise Act, 1965, for transporting black jaggery, illegally.

Heard both sides and perused the record.

The petitioner-accused is a businessman. He proposes to sell the black jaggery. It is not the case of the prosecution that the jaggery is adulterated jaggery. I, therefore, deem it appropriate to order the interim custody of seized jaggery, which is perishable in nature. Accordingly, this Criminal Revision Case is disposed of. Subject to the final orders being passed in the main case, the petitioner-accused is granted interim custody of the seized jaggery by the concerned officials on his executing a personal bond of Rs.20,000/- (Rupees twenty thousand only) and on furnishing proof of ownership of the seized property.

Pending miscellaneous applications, if any, shall stand closed in consequence.

_______________ M.S.K. JAISWAL, J Date: 05.08.2015 siva