S.Mahaboob Basha v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1314 OF 2016 ORDER:

This revision is preferred by the petitioner challenging the docket order, dated 6.5.2016, in Crl.M.P.No.1227 of 2016 in Crime No.22 of 2016-2017 on the file of the Additional Judicial Magistrate of First Class at Kadiri.

2. Heard and perused the material available on record.

3. The petitioner was found selling black jaggery illegally and without any valid licence. The Prohibition and Excise Police, Kadiri seized 20,854 kgs. of black jaggery and on the basis of the seizure panchanama, the aforementioned crime was registered for the offences punishable under Section 34(a) & (e) of the A.P. Excise Act, 1968 read with 2 and 3 of the GUR (Regulation of Use) Order, 1968. The petitioner filed Crl.M.P.No.1227 of 2016 before the trial Court for interim custody of the stock in question and the same was dismissed by the learned Magistrate on the ground of jurisdiction. Hence, the petitioner filed the present revision case.

4. Learned counsel for the petitioner submitted that black jaggery is not a prohibited item and that the petitioner is purchasing the same under valid bills and he is doing business under valid licence.

5. The grounds raised by the petitioner are the questions to be decided by the trial Court after full fledged trial. Therefore, this Court is not inclined to interfere with the proceedings in the above crime.

6. At this stage, the learned counsel for the petitioner prayed for release of the stock seized in the above crime.

7. Considering the facts and circumstances of the case, the Station

House Officer concerned is directed to release the stock i.e., 20,854 kgs of black jaggery seized in the above crime to the petitioner on condition of his executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with one surety for the like sum to the satisfaction of the Additional Judicial Magistrate of First Class at Kadiri. However, this order does not preclude the authorities concerned from proceeding with the confiscation proceedings, if any.

8. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 7.6.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1314 OF 2016 Date: 7.6.2016 AMD