Doma Chandra Babu Naidu v. The State Of Telangana,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1123 OF 2015 ORDER:

This Criminal Revision Case is filed against docket order, dated 16.06.2015, passed in Crl.M.P.No.888 of 2015 in COR No.4 of 201516 on the file of the Judicial Magistrate of First Class, Mulugu. The brief facts of the case are that on reliable information, the Sub-Inspector of Police of P.S., Eturunagaram along with his staff, while conducting route-watch, detected a case and seized 3000 kgs., of black jaggery in (60) gunny bags, each containing (50) kgs. In the presence of the mediators, the police seized the contraband and arrested A1 and A2 but, and A3 was absconded. Thereafter, the police registered the above said crime for the offence punishable under Section 7 (A) read with 8 (E) of the A.P. Prohibition Act. The petitioner, who is claiming to be the owner of jaggery and alum filed Crl.M.P. No.

888 of 2015 before the Judicial Magistrate of First Class, Mulugu for interim custody of the contraband. The Court below rejected the said application through the impugned order on the ground of jurisdiction. Hence, this revision case is filed. Heard and perused the material available on record. Learned counsel for the petitioner submits that the Court below has erred in rejecting the application of the petitioner and the petitioner is a licence holder to do the business of jaggery and he purchased the same under valid bills. He further submitted that since the property is perishable in nature, it would get damaged if it is not used and the petitioner is ready and willing to furnish sufficient surety and therefore, he prays for release of the property.

Learned Public Prosecutor also submitted that the case property can be released to the petitioner by imposing certain conditions.

Having regard to the facts and circumstances of the case and also in view of the submission of the learned Public Prosecutor, this Court is of the view that the case property can be released to the petitioner for his interim custody.

In the circumstances, the respondent is directed to release the case property i.e. black jaggery and alum, seized by the Police, P.S., Eturunagaram, Warangal District, in COR. No.4 of 2015-16, to the interim custody of the petitioner, subject to the final orders being passed in the main case, on his executing a personal bond for Rs.60,000/- (Rupees sixty thousand sonly). This order will not stand in the way of the respondents to proceed with the confiscation proceedings.

Accordingly, the Criminal Revision Case is disposed of. The Miscellaneous petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J June 26, 2015.

KTL