Ulli Shyam v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6501 OF 2016 ORDER:

This petition is filed by the petitioner-owner of the property seeking a direction to the respondents to release the property viz., 250 bags of black jaggery (each bag contains 50 kgs) and 50 bags of alum (each bag contains 50 kgs) seized in Crime No.200 of 2014 on the file of Maripeda Police Station, registered for the offence punishable under Section 34(e) of the A.P. Excise Act.

Heard and perused the material available on record. The petitioner was found selling black jaggery and alum illegally and without any valid licence. The petitioner filed Crl.M.P.No.3476 of 2014 before the Judicial First Class Magistrate, Thorrur, seeking interim custody of the above stock. But the learned Magistrate dismissed the above Crl.M.P.

The learned Counsel for the petitioner submitted that the black jaggery and alum are not prohibited items and that the petitioner is purchasing the same under valid bills and he is doing business under valid licence.

Considering the facts and circumstances of the case, the respondents-authorities concerned are directed to release the black jaggery and alum i.e., 250 bags of black jiggery (each bag contains 50 kgs) and 50 bags of alum (each bag contains 50 kgs) seized in the above crime to the petitioner on condition of his executing a personal bond for a sum of Rs.2,10,000/- (Rupees Two lakhs and Ten Thousand only) with one surety for the like sum to the satisfaction of the Judicial First Class Magistrate, Thorrur. However, this order does not preclude the authorities concerned from proceeding with the confiscation proceedings, if any.

Accordingly, the Criminal Petition is disposed of.

Consequently, the miscellaneous petitions pending in this petition, if

any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 27.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.6501 OF 2016 DATED 27.4.2016 Nn