Disposed

Karthik Agencies, v. The State of Andhra Pradesh

Andhra Pradesh HC14 Aug 2020WP/7916/2020

Case brief

AI extract

What is this about?

In a writ petition filed to challenge the constitutionality of a state ban and the legality of seized tobacco products, the High Court quashed criminal proceedings earlier before which the property was seized. The Court directed the respondent police to return the seized items and disposed of the petition as the main substantive issues were conceded.

What did the court decide?

Direction to the 3rd respondent police to return the seized property within one week with proper acknowledgment.

Karthik Agencies, Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.7916 OF 2020

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ORDER :

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This petition under Article 226 of the Constitution of India is filed to declare the action of 3^rd respondent in seizing the tobacco products and non-tobacco Vimal Pan Masala products in Cr.No.14 of 2020 of Satyavedu Police Station, Chittoor District, dated 24.02.2020, as illegal and arbitrary by holding that the ban imposed in G.O.Ms.No.6, Health, Medical and Family Welfare (L), Department, dated 09.01.2013 is beyond the executive competence of the State Government and consequently to direct him to release all the products and the vehicle seized in the above crime and pass such other order.

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It is the case of petitioner that the above items were seized in Cr.No.14 of 2020 of Satyavedu Police Station, Chittoor District, dated 24.02.2020. However, in a petition under Section 482 Cr.P.C the proceedings in Cr.No.14 of 2020 of Satyavedu Police Station, Chittoor District, dated 24.02.2020 were quashed by this Court by the order dated 29.02.2020. As on date, no criminal proceedings are pending against the petitioner. Despite the quashment of the criminal proceedings in Cr.No.14 of 2020 of Satyavedu Police Station, Chittoor District, dated 24.02.2020, the property seized in connection with the above crime is not yet returned. Therefore, the inaction is questioned while giving the relief regarding legality and validity of the G.O.Ms.No.6, Health, Medical and Family Welfare (L), Department, dated 09.01.2013.

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Whereas, learned Government Pleader for Home on instructions fairly conceded that the criminal proceedings in Cr.No.14 of 2020 of Satyavedu Police Station, Chittoor District, dated 24.02.2020 were quashed by appropriate orders by this Court on 29.02.2020. Thus, no criminal proceedings are pending in the above crime number. In such a case, it is the duty of respondent police to return the property seized in connection with the above crime and they admitted that it is lying in the police station. Though Form-16 is prepared it could not be submitted to the Court due to Covid-19.

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In view of the submissions made by the learned counsel for petitioner and the learned Government Pleader for Home, it is appropriate to direct the 3^rd respondent to return the seized property in connection with Cr.No.14 of 2020 of Satyavedu Police Station, Chittoor District, dated 24.02.2020, within a week from today under proper acknowledgment.

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With the above direction, Writ Petition is disposed of, at the stage of admission, with the consent of both the counsel.

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As a sequel miscellaneous applications pending, if any, shall also stand closed.

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_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date: 14.08.2020 IS

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION NO.7916 OF 2020

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Date: 14-08-2020

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Karthik Agencies, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Karthik Agencies, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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