Uppugalla Ashok v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5865 OF 2016 ORDER:

The criminal petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.,) to release the white jaggery seized in C.O.R.No.136 of 2016 registered for the offences under Section 34(e) of the A.P.Excise Act and Section 7(a) read with 8(e) of the A.P.Prohibition Act.

Heard and perused the material available on record. Learned counsel for the petitioner submits that the white jaggery is not prohibitory item under the provisions of the Prohibition and Excise Act.

Considering the facts and circumstances of the case, this Court directs the Police Station concerned to release the white jaggery alone to the petitioner herein on execution of a personal bond for a sum of Rs.54,000/- (Rupees fifty four thousand only) with one surety to the satisfaction of the Judicial First Class Magistrate at Jangaon. However, this Order does not preclude the authorities concerned from proceeding with the confiscation proceedings. The Criminal Petition is accordingly disposed of.

Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 22.04.2016 pln