Cheerla Pochireddy v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7849 of 2016

ORDER

This petition under Section 482 r/w 451 Cr.P.C., is filed seeking to direct the Station House Officer, Mahadevpur Police Station, Karimnagar District, to forthwith release the stocks i.e., 4 bags of black jaggery each containing 40 Kgs, total 160 Kgs and 195 bags of alum each containing 40 Kgs, total 7800 Kgs worth Rs.70,000/- seized in Cr.No.50 of 2015 of Mahadevpur Police Station, Karimnagar District.

2. The petitioner/A5 allegedly committed the offences under section 7(a) r/w 8(e) of A.P.Prohibition and Excise Act, along with others for transporting black jaggery and alum illegally.

3. Heard both sides and perused the record.

4. The petitioner/A5 was engaged in the business of purchase and sale of jaggery and other items. He proposes to sell the black jaggery and alum. It is not the case of the prosecution that the jaggery is an adulterated article. I, therefore, deem it appropriate to order the interim custody of seized jaggery, which is perishable in nature.

5. Accordingly, this Criminal Petition is disposed of. Subject to the final orders being passed in the main case, the petitioner/A5 is granted interim custody of the seized jaggery and alum 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

9th June, 2016 sj