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High Court for State of TelanganaCRLRC/225/2016disposed of no costs

Konaparthi Satya Prasad v. The State Of Telangana,

2016-01-29Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.225 OF 2016 ORDER:

1. The petitioner-owner of the stock preferred the present Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 19.1.2016 passed in Crl.M.P.No.4264 of 2015 in PR No.293 of 2015-16 by the Judicial First Class Magistrate, Miryalaguda, Nalgonda District.

2. Heard and perused the material available on record.

3. When the petitioner approached the Court below with the impugned application seeking release of 150 plastic bags of alum i.e., 6000 kgs of alum seized in the above referred Crime, the Court below vide impugned order returned the impugned application. Hence, the petitioner filed this revision.

4. Learned Counsel for the petitioner submitted that the trial Court has got jurisdiction to direct the authorities concerned to release the stock and that the value of the seized stock will be diminished if they are kept idle in the premises of Prohibition & Excise station.

5. Admittedly, alum seized in above referred crime is not prohibited article under any law and its possession is also not barred by provisions of any Statute.

6. Considering these circumstances, interim custody of 6000 kgs of alum seized in above referred crime shall be given to the interim custody of the petitioner on condition of his executing a personal bond for a sum of Rs.80,000/- (Rupees Eighty Thousand only) to the satisfaction of the Judicial First Class Magistrate, Miryalaguda.

7. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 29.1.2016 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.225 OF 2016 DATED 29.1.2016 Nn