Raviteja v. The State Of Telangana,

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.1861 of 2015

ORDER

Petitioner preferred the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the order dated 20-08-2015 passed in Crl.M.P.No.447 of 2015 in C.O.R.No.773 of 2014-15 by the learned Judicial First Class Magistrate at Metpalli.

2. Heard and perused.

3. When the petitioner approached the trial Court with the impugned application under Section 457 Cr.P.C. seeking release of 4150 Kgs of black jaggery and 1550 Kgs of alum seized in C.O.R.No.773 of 2014-15 of Excise Police Station, Metpalli, the learned Magistrate vide impugned order dismissed the same on the ground that the trial Court has no jurisdiction to entertain the impugned application.

4. Learned counsel for the petitioner submitted that the value of the seized stocks will be diminished if they are kept idle in the premises of Police Station.

5. Admittedly, black jaggery and alum seized from the possession of the petitioner in the above referred crime are not prohibited articles under any law and their possession is also not barred by the provisions of any Statute.

6. Considering the facts and circumstances, the seized 4150 Kgs of black jaggery and 1550 Kgs of alum in the above referred crime shall be entrusted to the interim

custody of the petitioner on petitioner's execution of a personal bond for Rs.45,000/- (Rupees Forty Five thousand only) with one surety for the like sum to the satisfaction of the trial Court.

7. Accordingly, the Criminal Revision Case is allowed.

8. Miscellaneous petitions pending in this revision, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO 03rd September, 2015 skmr