Gattu Srinu , Srieenaiah v. The State Of Telangana

THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL CRI MI NAL PETI TI ON No.14410 of 2016 ORDER:

The criminal petition is filed under Section 482 r/w.457 Cr.P.C. to direct the concerned authority to release the seized 152 bags of Alum in connection with Cr.No.76/2015 of Chandur P.S. Nalgonda District, registered for the offences punishable under Sections 7(A) & 8(E) of A.P.Prohibition Act and under Section 34 (E) of A.P.Excise Act. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, representing the State. The petitioner sought for return of the seized 152 bags of Alum and other seized properties for interim custody through Crl.MP.No.572/2015 and the same was disposed of by the court below vide orders dated 16.07.2015 directing the petitioner to approach proper authority. The petitioner approached this Court against the said order in Crl.R.C.Nos.1526/2015 and 1553/2015 and vide orders dated 05.08.2015, this court granted interim custody of other seized properties except the remaining seized 152 bags of Alum.

The Apex Court in State (NCT of Delhi) v. Narender1 held that the Magistrate or High Court could not have passed orders for release of the property seized in connection with prohibition and excise offences, and the Deputy Commissioner of Prohibition & Excise concerned is the exclusive Authority and has power to deal with all the aspects relating to confiscation of the property seized in relation to prohibition and excise offences. Therefore, the appropriate authority to order release of the 1 (2014) 13 SCC 100

MSKJ,J Crl.P.14410 of 2016 seized property is the Deputy Commissioner of Excise. The petitioner claims to be owner of the seized 152 bags of Alum and hence it is appropriate to return the said property to the petitioner for interim custody.

In that view of the matter, the petitioner is directed to file appropriate application before the appropriate authority for release of the seized 152 bags of Alum within a period of 15 days from today and on filing such application, the concerned authority shall dispose of the same within one week therefrom, in accordance with law. The Criminal Petition is accordingly disposed of. Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAI SWAL,J Date: 28.09.2016 Dsr Note:

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