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High Court for State of TelanganaCRLRC/1597/2016disposed of no costs

Thalluri Narasimha Swamy v. The State Of Telangana,

2016-06-22Raja Elango4 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1597 OF 2016 O R D E R:

The petitioner-accused No.2-owner of the stock preferred 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 14.6.2016 passed in C.F.R.No.2546 of 2016 in COR No.229 of 2016 by the Judicial First Class Magistrate at Narsampet.

Heard and perused the material available on record. When the petitioner approached the Court below with the impugned application seeking return of 1116 kgs of Black jaggery and 40 kgs of Alum seized in the above crime, the Court below vide impugned order returned the impugned application. Hence, the petitioner filed this revision.

Learned Counsel for the petitioner submitted that the Court below has got jurisdiction to direct the authorities concerned to release the stock and that the value of the seized stock will be diminished if it is kept idle in the premises of the police station. Admittedly, black jaggery and alum seized in above referred crime are not prohibited articles under any law and their possession is also not barred by the provisions of any Statute.

Considering these circumstances, interim custody of 1116 kgs of black jaggery and 40 kgs of alum seized in above referred crime shall be given to the petitioner on condition of his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with one surety for the like sum to the satisfaction of the Judicial First Class Magistrate, Narsampet. However, this order does not stand in the way of confiscation proceedings, if any.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO Dated: 22.6.2016 Nn

THE HON'BLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1597 OF 2016 22.6.2016 Nn