High Court for State of TelanganaCRLRC/2174/2015disposed of no costs

Chavva Venkateswar Rao v. The State Of Telangana,

2015-09-30Raja Elango4 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2174 OF 2015 ORDER:

1. The petitioner filed the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 23.09.2015 passed by the I Additional Judicial Magistrate of First Class at Kothagudem, in C.F.R.No.2217 of 2015 in P.R. No.497 of 2015-16.

2. Heard and perused the material available on record.

3. When the petitioner approached the Court below with the impugned application seeking release of the seized property in the above crime i.e., 10 bags of black jaggery, each bag containing 50 kgs, and 34 bags of alum, each bag containing 50 kgs, worth Rs.70,000/-, the learned Magistrate vide impugned order returned the application on the ground that the said Court has no jurisdiction to entertain the said application.

4. Learned Counsel for the petitioner submitted that the Court below has jurisdiction to entertain the above Crl.M.P. and direct the authorities concerned to release the stocks and that the value of the seized stocks will be diminished if they are kept idle in the premises of police station concerned.

5. Admittedly, black jaggery and alum seized from the possession of the petitioner in the above referred crime is not prohibited article under any law and its possession is also not barred by the provisions of any Statute.

6. Considering the circumstances of the case, interim custody of 10 bags of black jaggery and 34 bags of alum seized in the above referred crime shall be entrusted to the interim custody of the petitioner on condition of the petitioner executing a

personal bond for a sum of Rs.70,000/- (Rupees Seventy Thousand only) to the satisfaction of the I Additional Judicial Magistrate of First Class at Kothagudem. 7 . Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions filed in this revision, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 30.09.2015 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2174 OF 2015 DATED: 30.9.2015