Vemula Veera Raju, v. The Station House Officer, Prathipadu Ps Prathipadu,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.21363 OF 2017 ORDER:

This Writ Petition is filed challenging the action of the 1st and 2nd respondents in not releasing the petitioners' material from the cold storage.

It is the case of the petitioners that they are all the registered traders and merchants and the 5th respondent has been running Cold Storage viz., M/s. Saibya Agro Storage (Cold Storage) in Dharmavaram from the last ten years and the petitioners are utilising the services of the said cold storage unit from the last five years on rental basis for storing their material. While so, on 10.02.2017 the petitioners came to know that the respondents 1 and 2 seized the 5th respondent's cold storage, along with material stored by the petitioners, alleging that the 5th respondent cheated the 2nd respondent Bank in obtaining loans on crops, as if the said crop stock belongs to A 2 to A 112 named as accused in F.I.R. No.

28 of 2017 of Prathipadu Police Station, who are alleged to be workers / employees of the 5th respondent and not allowed the petitioners to receive their material from the said cold storage. It is further case of the petitioners that they are nothing to do with the said offence and the present Writ Petition is filed seeking release of the material stored with the 5th respondent, which was subsequently shifted to 6th respondent Cold storage.

Learned Government Pleader for Home, on the basis of written instructions submits that respondent No.2 approached respondent No.1 with a complaint on 04.02.2017 against respondent No.5 and 111 others and accordingly the complaint

has been registered as Crime No.28 of 2017 of Prathipadu Police Station for the offence under Sections 406, 407, 420 read with 34 IPC and during the course of investigation the Inspector of Police, Prathipadu Circle seized the cold storage of the 5th respondent, under panchnama on 04.02.2017, duly separating the material stored in the said cold storage by the persons, who are not the accused in Crime No.28 of 2017 including the petitioners herein and which is not connected to the said crime and accordingly shifted the said material to the 6th respondent's cold storage. Therefore, the seizure of the goods in the Cold Storage of respondent No.5 was denied by them.

Learned counsel for the petitioners submits that the goods stored by the petitioners with respondent No.5 were transferred to 6th respondent-M/s. Giri Cold Storage, Kirlampudi, East Godavari District, Andhra Pradesh at the instance of respondent No1. A perusal of the receipts issued by the 6th respondent Cold Storage shows that the goods were received from the petitioners only.

Learned counsel for respondent No.2 submits that the Bank has no grievance against the petitioners and if the petitioners want to withdraw the goods either from respondent No.5 or from the said M/s. Giri Cold Storage, they have no objection. In the circumstances, liberty is given to the petitioners to withdraw the goods deposited with 5th respondent, which was subsequently shifted to the 6th respondent-M/s Giri Cold Storage, subject to payment of Godown charges, if any. It is needless to observe that in view of the non-involvement of the petitioners in Crime No.28 of 2017, dated 04.02.2017, respondent No.1 shall

not interfere with the release of the goods. If the petitioners are involved in the said crime, it is open to respondent No.1 to take appropriate proceedings in accordance with law. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

____________________________ CHALLA KODANDA RAM, J Date:30.08.2017 Ssv