Putta Venkateswara Rao, v. The State Of Andhra Pradesh.

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.32788 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking a writ of mandamus declaring the order passed by the Additional Junior civil Judge, Mangalagiri in Crl.M.P.No.448 of 2016 in Crime No.307 of 2015 dated 8.3.2016 as arbitrary and illegal and consequently, to set aside the same.

The petitioner is the Proprietor of M/s.Sri Vijaya Durga Fire Works, Atmakur Village, Mangalagiri Mandal, Guntur District. On 7.11.2015 alleging that the petitioner without any licence stored the Deevali crackers endangering the life of public, the 3rd respondent seized the stock of crackers worth of Rs.1,86,248/- in crime No.307 of 2015. Now, the main grievance of the petitioner is that since the seized stock is saleable only during the festive season, the said seized stock may be returned to him to enable him to sale the same for the ensuing Deewali festival and the petitioner is ready to abide by the conditions that may be imposed for release of the stock.

Considering the facts and circumstances of the case, the crackers stock of the petitioner that was seized in connection with Crime No.307 of 2015 on the file of 3rd respondent shall be returned to the petitioner on condition of petitioner executing a bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) to the satisfaction of concerned authority. Accordingly, the writ petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 18.10.2016.

Tsr