Shaik Sadhik v. The State Of Telangana And 2 Others
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY ,THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 3995 0F 2022 Between:
Shaik Sadhik, S/o. Afzal, Aged about 29 ye'ars, Occ: Driver, H.No.1-S0,Vemnoor, Mahabubabad Mandal and District, Old Warangat District-506101, Tealangana State.
...PETITIONERYOWNER OF THE STOCK AND
1. The State of Telangana and 2 others, Represented by its Public Prosecutor, High Court for State of Telangana at Hyderabad.
2. The Deputy Commissioner of Prohibition and Excise, Warangal, Warangal District.
...RESPONDENTS/RESPONDENTS
3. The Station House Officer, Mahabubabad (R), Mahabubabad District ...RESPONDENT/DEFACTO.COMPLAINANTS Petition under Section 437143814391482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to directing the 2nd Respondent forth with to release the Petitioner Stock 25 quintals of black jaggery i.e. 2500 Kgs of black jaggery and 30 kgs Alum total worth of stock value is 75,000 in FIR No. 149 of 2O21 , dated. 06-10-2021 , on the file of the Mahabubabad ( R ) police station, Mahabubabad District in spite of readiness to furnish the third party surety value of stock i.e. Rs.75,O00/-before the 2nd Respondent. l.A. NO: 1 OF 2022 Petition under Section 482 of Ct.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with certified copy of F.l.R.in Crime No.'149 of 2O21
,/ dated 06.10.2021 on the file of POLICE STATION MAHABUBABAD (RURAL) before this Hon'ble Court.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B BALAJI ,Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of the Respondents.
The Court made the following : ORDER
THE HONOURABLE SRI JUSTICE K. LAKSIIMAN CRIMINAL PETITION No.3995 of2022 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., to direct respondent No.2 to release black jaggery total 2500 Kgs (25 quintals) and 3 quintal of Alum seized in Crime No.149 of 2O2l pending on the fiie of Mahabubababd Rural Police Station on 06-|0-2021, inspite of readiness to furnish the third party surety value of stock before the 2"d respondent.
2.
Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise, appearing for the resPondents.
3.
The case of the petitioner is that the 3'a respondentStation House Officer, Mahabubabad Rural Police Station, i Mahbubabad District seized 2500 kgs (25 quintals) and 3 t ;
quintal of Alum on the ground that he was transporting the said stock for illegal manufacture of I.D. liquor. 4.
Having regard to the same, as enquiry is required to be conducted, the Deputy Commissioner of Prohibition and Excise - respondent No.2 shall release the seized stock of black jaggery of 2500 kgs (25 quintals), total value of Rs.62:,500/-, on petitioner furnishing Fixed Deposit Receipt (FDR) for an amount of Rs.62,500/-(Rupees sixty two thousands and five hundred only) and the release shali be subject to the orders that shall be passed by the respondent authorities pursuant to the enquiry to be conducted under the provisions of the T.S. Excise Act.
5. This Criminal petition is accordingly disposed of. Miscellaneous petitions, if any, pending in this petition, shall stand closed.
SD/-T.SRINIVAS ASSISTANT REGISTRAR ( jr''
//TRUE COPY// SECTION OFFICER To, l.OneCopytotheStationHouseOfficer,Mahabubabad(R),Mahabubabad District.
2. One CC to SRl. B BALAJI, Advocate. [OPUC]
5. r*o ccs to pUBLlc PRoSECUTOR, High court for the state of relangana at Hyderabad.[OUT]
4. Two CD Copies
5. One Spare CoPY SB\\x
HIGH COURT DATED:2610412022 I,J 1 0 JUt'l 2022
ORDER
l( * CRLP.No.3995 o12022 DISPOSING OF THE CRIMINAL PETITION.
NW