Samala Balnarsiah v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1539 OF 2016 ORDER:

This revision is preferred by the petitioner challenging the docket order, dated 3.6.2016, in Crl.M.P.No. of 2016 in C.O.R.No.202 of of Prohibition and Excise Station, Wardhannapet.

2. Heard and perused the material available on record.

3. The petitioner was found selling black jaggery illegally and without any valid licence. The Prohibition and Excise Police, Wardhannapet seized 25 bags of jaggery weighing 5750 kgs. worth Rs.1,25,000/- and cash of Rs.1,16,300/- and on the basis of the seizure panchanama, the aforementioned crime was registered for the offences punishable under Section 34(e) of the A.P. Excise Act, 1968 read with Section 7(A) read with 8(e) of the A.P.Prohibition Act, 1995. The petitioner filed Crl.M.P.No. of 2016 before the trial Court for interim custody of the case property and the same was returned by the learned Magistrate on the ground of jurisdiction. Hence, the petitioner filed the present revision case.

4. Learned counsel for the petitioner submitted that black jaggery is not a prohibited item and that the petitioner is purchasing the same under valid bills and he is doing business under valid licence.

5. The grounds raised by the petitioner are the questions to be decided by the trial Court after full fledged trial. Therefore, this Court is not inclined to interfere with the proceedings in the above crime.

6. At this stage, the learned counsel for the petitioner prayed for release of the stock and the cash seized in the above crime.

7. Considering the facts and circumstances of the case, the Station House Officer concerned is directed to release the stock i.e., 25 bags of jaggery weighing 5750 kgs. worth Rs.1,25,000/- only to the petitioner on condition of his executing a personal bond for a sum of Rs.1,25,000/- (Rupees one lakh twenty five thousand only) with one surety for the like sum to the satisfaction of the Special Judicial First Class Magistrate for Prohibition and Excise Cases at Warangal. However, this order does not preclude the authorities concerned from proceeding with the confiscation proceedings, if any.

8. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 17.6.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1539 OF 2016 Date: 17.6.2016 AMD