Kondumuri Ram Babu v. The State Of A.P

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3228 OF 2015 ORDER:

The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the order, dated 15.12.2015, passed in Crl.M.P.No.8700 of 2015 by the Court of the Judicial Magistrate of First Class, Tiruvur, whereby the learned Judge dismissed the petition filed by the petitioner for release of black jaggery for want of jurisdiction.

Heard and perused the material available on record. Learned counsel for the petitioner submits that the Court below erroneously dismissed the petition filed by the petitioner for release of the black jaggery for want of jurisdiction.

Learned Additional Public Prosecutor opposed for the same. Considering the facts and circumstances of the case, this Court directs the Police Station concerned to release the black jaggery alone to the petitioner herein on execution of personal bond for a sum of Rs.2,18,400/- (Rupees two lakh eighteen thousand and four hundred only) with one surety to the satisfaction of the Judicial Magistrate of First Class, Tiruvur. However, this Order does not preclude the authorities concerned from proceeding with the confiscation proceedings.

With the above direction, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 05.01.2016 pln