Tummepally Sri Ramamchandra Gupta v. The State Of A.P. Through Sho,

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.P.No.6753 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioner seeking to direct the Station House Officer, Jaggaiahpet Prohibition and Excise Station, Krishna District, to release the stocks i.e., 65 bags of black jaggery containing 50 Kgs each, total 3250 Kgs and 905 bags of alum containing 50 Kgs each, total 45250 Kgs, all worth Rs.2,00,750/- seized in Cr.No.975 of 2015-16 of Jaggaiahpet Prohibition and Excise Station, Krishna District.

2. Heard learned counsel for the petitioner and learned Public Prosecutor for the State.

3. The case of the prosecution is that on 05.02.2016, on reliable information, the Prohibition and Excise Officials inspected the alum factory and godown of Sri Sairam Chemicals and seized 65 bags of black jaggery containing 50 Kgs each, total 3250 Kgs and 905 bags of alum containing 50 Kgs each, total 45250 Kgs, which is used for manufacturing illicit liquor and after enquiry, they seized the said stock.

4. Learned counsel for the petitioner submitted that the petitioner is engaged in the business of purchase and sale of black jaggery and that the value

of the seized stock will be diminished if they are kept idle in the premises of Police Station.

5. Admittedly, the aforesaid stocks 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 these circumstances, the entire seized stock in the above referred crime shall be released to the petitioner for interim custody on his executing a personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) to the satisfaction of the trial Court.

7. The Criminal Petition is, accordingly, disposed of. Miscellaneous petitions, if any, pending in this petition shall stand closed.

______________________ JUSTICE RAJA ELANGO 28th April, 2016 sj