Telangana High Court
CRLP/14501/2013 of Porandla Santhosh Vs State of Andhra Pradesh, on 31 December 2013
SRI JUSTICE C.PRAVEEN KUMAR Crl.P.No.14501 of 2013 ORDER: This Criminal Petition is filed under Section 482 r/w 451 Cr.P.C., seeking release of 3 tons of black jaggery and 20 Kgs of alum seized in Crime No. 207 of 2013 of Regonda Police Station, Warangal District, which came to be
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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMARCrl.P.No.14501 of 2013
ORDER:
This Criminal Petition is filed under Section 482 r/w 451Cr.P.C., seeking release of 3 tons of black jaggery and 20 Kgs of alumseized in Crime No. 207 of 2013 of Regonda Police Station, WarangalDistrict, which came to be registered for the offences punishable underSections 7(a) APP Act, 8(e) APPA, 34(e) APEA, 5 of gum jaggeryregulation order, 1968.
The allegations in the report would disclose that on17.07.2013 at 17.00hrs., the Sub Inspector of Police along with his staffwent to the house of one Gugulothu Veerya Naik and seized 3 tons ofblack jaggery and 20 kgs of alum under a cover of panchanama. Theyalso arrested A.2 and seized 5 litres of illicit liquor. Basing on the saidseizure, a case in Crime No.207 of 2013 came to be registered.
Learned counsel for the petitioner submits that the petitioneris doing kirana business at Regonda village. As the material seized isthe main source of his livelihood, the petitioner seeks release of thesame.
Mere possession of jaggery itself is not an offence eitherunder provision of Andhra Pradesh Excise Act or under Andhra PradeshProhibition Act. If the petitioner had knowledge that the materialpurchased from his shop was being used for manufacturing illicit distilledliquor, then the question of releasing the stock in favour of the petitionerwould not arise. In the case on hand, there is no material to show thatthe petitioner had knowledge about the material sold by him is beingused for manufacturing illicit distilled liquor. Further, there is no disputethat the petitioner had licence to deal with the said material. In view of the above, I am inclined to release the material in favour of the petitioner.
Accordingly, the Criminal Petition is allowed and 3 tons ofblack jaggery and 20 Kgs of alum seized in Crime No. 207 of 2013 ofRegonda Police Station, Warangal District, shall be released to thepetitioner on his executing a personal bond for Rs.1,00,000/- (Rupeesone lakh only) with one surety for a like sum to the satisfaction of thelearned Judicial Magistrate of First Class, Parkal, Warangal District.
Miscellaneous applications, if any, shall stand closed. However, this order shall not preclude the authorities in proceedingagainst the petitioner under the provisions of the A.P. Excise Act.
Date: 31.12.2013gvl
-----------------------------------C. PRAVEEN KUMAR, J.
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
gvl
Crl.P.No.14501 of 2013
Date :31.12.2013