Chenna Mahesh v. The State Of Telangana,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1793 OF 2015 ORDER:

This Criminal Revision Case is filed against the order, dated 17.08.2015, passed in CFR. No.2490 of 2015 in crime No.174 of 2015 on the file of the Additional Judicial Magistrate of First Class , Bhongir. The brief facts of the case are that on reliable information on 04.08.2015, the Sub-Inspector of Police, Bhongir Town Police Station, conducted raid on the shop of the petitioner and found ID Liquor, 150 bags of black jaggery and 2 Bags of alum in the shop. The police seized the property in the presence of panchas and registered the above said crime. The petitioner - accused filed an application before the Additional Judicial Magistrate of First Class, Bhongir, for release of the seized stock, stating that he is the owner of the said stock. The learned Magistrate dismissed the said application on the ground of jurisdiction. Hence, this revision.

Heard and perused the material available on record. Learned counsel for the petitioner submitted that the petitioner is the owner of black jaggery and alum since the property is perishable in nature, it would get damaged if it is not used, and the petitioner is ready and willing to furnish sufficient surety for release of the stock. Learned Public Prosecutor also submitted that interim custody of the stock can be granted to the petitioner by imposing certain conditions.

Considering these circumstances, the respondents are directed to release the stock i.e. black jaggery and alum seized in Crime No.174 of 2015 on the file of the Additional Judicial Magistrate of First Class, Bhongir, to the petitioner for interim custody, subject to the final

orders being passed in the main case, on petitioner executing a personal bond for Rs.1,50,000/- (Rupees one lakh and fifty thousand only). This order will not stand in the way of the respondents to proceed with confiscation proceedings. If already confiscation orders are passed, the order need not be given effect to. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J August 28, 2015.

KTL