High Court for State of TelanganaCRLRC/3026/2015dismissed

Gotrala Srinivas v. The State Of Telangana,

2015-12-07Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3026 of 2015

ORDER

The petitioner 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 26.11.2015 passed in C.F.R.No.2998 of 2015 in C.O.R.No.582 of 2015-16 on the file of the Judicial Magistrate of First Class at Peddapally.

2. Heard learned counsel for the petitioner and learned Public Prosecutor for the State.

3. The impugned application was filed under Section 451 Cr.P.C. seeking to release 3000 Kgs of black jaggery worth Rs.61,315/-. By the order impugned, the said application was dismissed on the ground that the trial Court has no jurisdiction to entertain the impugned application.

4. Learned counsel for the petitioner submitted that the value of the seized stock will be diminished if they are kept idle in the premises of Police Station.

5. Admittedly, the aforesaid stocks seized from the possession of the petitioner in the above referred crime are not prohibited articles under any law and their possession is also not barred by the provisions of any Statute.

6. Considering these circumstances, the entire seized stock in the above referred crime shall be released to the petitioner for

interim custody on his executing a personal bond for a sum of Rs.60,000/- (Rupees sixty thousand only) before the trial Court.

7. The Criminal Revision Case is, accordingly, disposed of. Miscellaneous petitions, if any, pending in this revision shall stand closed.

______________________ JUSTICE RAJA ELANGO 7th December, 2015 sj THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.946 OF 2012 DATED 27th JUNE, 2012.