Banoth Ravi v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1452 OF 2016 O R D E R:

The petitioner-owner of the stock preferred the present Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 1.6.2016 in C.F.R.No.1402 of 2016 in C.O.R.No.362 of 2016 passed by the Additional Junior Civil Judge at Mahabubnagar. Heard and perused the material available on record. When the petitioner approached the Court below with the impugned application under Section 457 Cr.P.C. seeking release of 120 bags of black jaggery (each bag contains 50 kgs) i.e., 6,000 kgs. and other stocks, seized in the above referred Crime, the Court below vide impugned order returned the impugned application. Hence, the petitioner filed this revision.

Learned Counsel for the petitioner submitted that the trial Court has got jurisdiction to direct the authorities concerned to release the stock and that the value of the seized stock will be diminished if they are kept idle in the premises of Prohibition & Excise station. Admittedly, black jaggery seized in above referred crime is not prohibited article under any law and its possession is also not barred by provisions of any Statute.

Considering these circumstances, interim custody of 120 bags of black jaggery (each bag contains 50 kgs) i.e., 6,000 kgs of black jaggery seized in above referred crime shall be given to the interim custody of the petitioner on condition of his executing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) to the satisfaction of the Additional Junior Civil Judge, Mahabubnagar. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. _______________________ JUSTICE RAJA ELANGO 14.06.2016 Tsr