Uppalanchi Prathap v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2285 OF 2015 ORDER:

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 by the order dated 28.9.2015 passed in Crl.M.P.No.1194 of 2015 in Crime No.712 of 2015-16 of ES Mancherial by the II Additional Judicial Magistrate of First Class, Mancherial.

2. Heard and perused the material available on record.

3. When the petitioner approached the Court below with the impugned application seeking release of 13,000 kgs. of black jaggery and 8,800 kgs. of alum, the Court below vide impugned order dismissed the impugned application. Hence, the petitioner filed this revision.

4. 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.

5. Admittedly, black jaggery and alum seized in above referred crime are not prohibited articles under any law and their possession is also not barred by provisions of any statute.

6. Considering these circumstances, interim custody of 13,000 kgs. of black jaggery and 8,800 kgs. of alum 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.3,00,000/- (Rupees three lakhs only) to the satisfaction of the II Additional Judicial Magistrate of

First Class, Mancherial.

7. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 26.10.2015 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.2285 of 2015 Date: 26.10.2015 AMD