Soma Ram Babu v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.469 OF 2016 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 29.01.2016 passed in Crl.M.P.No.177 of 2016 in C.O.R.No.31 of 2016 by the Additional Judicial Magistrate of First Class, Mahabubabad, whereby the learned trial Judge dismissed the petition filed by the petitioner for release of the black jaggery for want of jurisdiction. Heard and perused the material available on record. Learned counsel for the petitioner submits that the petition filed by the petitioner before the Court below for release of the stocks seized, is dismissed on the ground that the said Court has no jurisdiction to entertain such petition. Learned counsel further submits that the black jaggery is not prohibitory item under the provisions of the Prohibition and Excise Act.

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 of Rs.1,46,000/- (Rupees one lakh and forty six thousand only) with one surety to the satisfaction of the Additional Judicial Magistrate of First Class, Mahabubabad. 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 10.02.2016 pln