CRLP/6227/2020 of Puram Mallikarjuna, Vs The State of Andhra Pradesh on 31 December 2020

ORDER:-

This Criminal Petition is filed under Section 482 read with Section 457 of Criminal Procedure Code, 1973 to release the vehicle bearing registration No. AP 03 AB 9099 and the tobacco products seized, in view of the crime has been quashed by this Court in Crl.P.No.5624 of 2020, dated 07.12.2020 against the petitioner/Accused.

2. Heard the learned counsel for petitioner/Accused and the learned Public Prosecutor appearing for the respondents.

3. During the course of hearing, the learned counsel for the petitioner/Accused represented that this Court by its order dated 07.12.2020 in Crl.P.No.5624 of 2020 quashed the F.I.R and he further placed reliance on the judgment passed by this Court in Criminal Revision Petition No.1135 of 2019, dated 05.11.2019, wherein it is held that; “…in similar set of facts, this Court in Criminal Petition No.11144 of 2018 held as under:-

….Property was seized from the possession of the petitioner while he was transporting the same and when such transportation of such property is not found to be an offence, property has to be returned for carrying on the transportation. If any crime, as apprehended by the Public Prosecutor, takes place, it is for the concerned to take action, as permitted by law”.

4. In view of the above judgment and considering that the criminal case registered in connection with the transportation of tobacco products has been quashed by order of this Court dated 07.12.2020 in Crl.P.No.5624 of 2020, the possession of the property that was seized from the accused in connection with the said crime is to be delivered to the accused.

5. In view of the above, this Criminal Petition is allowed and the Station House Officer, Ramasamudram Police Station, Chittoor District is directed to release the vehicle registration No. AP 03 AB 9099 and the tobacco products seized in F.I.R. No.169 of 2020 dated 29.09.2020.

Consequently,miscellaneous petitions pending, if any, shall stand closed.

Date: 31.12.2020 IS

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JUSTICE M.SATYANARAYANA MURTHY

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

CRIMINAL PETITION No.6227 OF 2020

Date: 31.12.2020

IS