Burada Appalnaidu v. State Of.A.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1058 OF 2016 ORDER:

This revision is preferred challenging the order, dated 3.2.2016, in Crl.M.P.No.1 of 2016 in S.T.C.No.1749 of 2015 on the file of the Special Judicial Magistrate of II Class, Rajam whereunder and whereby, the petition filed by the petitioner/A-1 for return of the property i.e., Samsung LCD (black colour), T.V. and one setup box (black colour), was dismissed.

2. The petitioner herein filed a petition under Section 457 Cr.P.C. seeking return of the aforesaid property seized by Rajam Police in connection with Crime No.187 of Rajam Police Station registered for the offences punishable under Sections 3 and 4 of the A.P. Gaming Act, 1974 and the same was dismissed by the Court below. Aggrieved by the same, the present revision is filed.

3. Learned counsel for the petitioner submitted that the investigation was already done by the authorities; that the cost of the aforementioned property is nearly Rs.30,000/- and the petitioner is ready to furnish sufficient surety and also produce the said property as and when required by the Court.

4. Learned Additional Public Prosecutor objected for the same, since the said property is involved in a crime.

5. Considering these circumstances, it is directed that the property i.e., Samsung LCD (black colour), T.V. and one setup box (black colour) shall be released for interim custody of the petitioner, subject to final orders to be passed in the main case, on petitioner furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum each to the satisfaction of the Special

Judicial Magistrate of II Class, Rajam. It is further directed that the petitioner shall not alienate the property, shall not change the physical features of the same till the disposal of the criminal case and further, the petitioner shall undertake to produce the property as and when required by the Court. However, it is made clear that the present order will not stand in the way of any confiscation proceedings. If already confiscation orders are passed, the order need not be given effect to.

6. With the above directions, the Criminal Revision Case is disposed of.

7. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 8.6.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1058 OF 2016 Date: 8.6.2016 AMD