Madarapu Sadashivudu v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6191 OF 2016 ORDER:

This petition is filed by the petitioner-owner of the stockaccused under Section 482 Cr.P.C. seeking a direction to the Station House Officer, Warangal (Urban) Prohibition and Excise, Warangal District to hand over the keys and release the stocks i.e., 23,710 kgs of white jaggery, seized in C.O.R. No.54 of 2016 registered for the offence punishable under Section 34 (e) of the A.P. Excise Act. Heard and perused the material available on record. The petitioner was found in possession of jaggery illegally and without any valid licence. The learned Counsel for the petitioner submitted that the 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.

Considering the facts and circumstances of the case, the Station House Officer, Warangal (Urban), Prohibition and Excise, Warangal District, is directed to release 23,710 kgs of white jaggery seized in the above crime to the petitioner on condition of his executing a personal bond for a sum of Rs.2,37,100/- (Rupees Two Lakhs Thirty Seven Thousand and one hundred only) with one surety for the like sum to the satisfaction of the Special Judicial First Class Magistrate (Prohibition & Excise), Warangal. However, this order does not preclude the authorities concerned from proceeding with the confiscation proceedings, if any.

Accordingly, the Criminal Petition is disposed of.

Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 25.4.2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6191 OF 2016 DATED 25.4.2016 Nn