Dasari Bangar Raju v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** CRIMINAL REVISION CASE No.1852 of 2015 Between:

Dasari Bangar Raju.

..Petitioner And

1. The State of Andhra Pradesh through S.H.O., Arakuvalley Prohibition & Excise Station, Visakhapatnam District, rep., by Public Prosecutor, High Court, Hyderabad ..Respondent.

DATE OF JUDGMENT PRONOUNCED: 04.9.2015 SUBMITTED FOR APPROVAL:

THE HONOURABLE SRI JUSTICE RAJA ELANGO

1. Whether Reporters of Local newspapers may be :: Yes/No Allowed to see the judgments?

2. Whether the copies of judgment may be marked :: Yes/No To Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to see :: Yes/No the fair copy of Judgment?

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1852 OF 2015 ORDER:

The petitioner filed the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 25.08.2015 passed in Crl.M.P.No.648 of 2015 in Crime No.145 of 2015-16 by the Judicial First Class Magistrate at Arakuvalley. Heard and perused the material available on record. When petitioner approached the Court below with impugned application under Section 451 & 457 Cr.P.C. seeking release of seized property in the above crime i.e., 250 stopples of jaggery (each stopple contains 12 kgs) i.e., total 3000 kgs of black jaggery, the learned Magistrate vide impugned order dismissed the same. Learned Counsel for the petitioner submitted that the value of the seized stocks will be diminished if they are kept idle in the premises of Prohibition & Excise station.

Admittedly, black jaggery seized from the possession of the petitioner 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 3,000 kgs of black jaggery seized in above referred crime shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) to the satisfaction of the Judicial First Class Magistrate, Arakuvalley. Accordingly, the Criminal Revision Case is allowed. Consequently, miscellaneous petitions filed in this revision, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 4.09.2015 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1852 OF 2015 DATED: 4.9.2015 Nn