Kompally Venkatesham S/O Viswanadham v. The State Of Telangana,

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION NO. 2106 OF 2015 ORDER:

Upon hearing the learned counsel for petitioner, at the admission stage, the petition is ordered as follows:

It is seen that the offence alleged in this case is under Section 7 (a) r/w Sec. 8 (e) of A.P. Prohibition Act, 1995 and Section 34(e) of A.P. Excise Act, 1968. The grievance of the petitioner is that he is the licensed holder and owner of the property i.e., 25 bags of black jaggery each containing 50 Kgs., and 6 kgs of alum and the police have seized the property and kept in the premises of Parigi Prohibition and Excise Station, Ranga Reddy District, and it is subjected to speedy decay and the learned Judicial First Class Magistrate, Parigi, Ranga Reddy District, returned his petition filed under Section 451 Cr.P.C on an erroneous ground.

Having regard to the fact that the offence alleged is under Section 7 (a) r/w Sec. 8 (e) of A.P. Prohibition Act, 1995 and Section 34(e) of A.P. Excise Act and as per Section 46 of the Excise Act, the Deputy Commissioner of Prohibition and Excise is the competent authority to pass an order for confiscation /release and interim custody etc., the petitioner is directed to file a petition seeking interim custody of the property seized and the Deputy Commissioner of Prohibition and Excise shall pass an order on merits thereon within one week from the date of filing of the petition before him. Accordingly, this Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

______________________________ U. DURGA PRASAD RAO, J DATE: 25.03.2015

KA

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO

CRL.P. No. 504 of 2015 Dt. 06.02.2015 eha