Chidirala Devender Vs The State of Ap.

THE HON'BLE SRI JUSTICE RAJA ELANGO

Crl.R.C.No.1939 of 2012

ORDER

Petitioner preferred the present Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the order dated 24.09.2012 passed in C.F.R.No.6014 of 2012 in Cr.No.203 of 2012 by the learned Judicial First Class Magistrate, Parkal, Warangal District.

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2. Heard both sides.

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3. When the petitioner approached the trial Court with the impugned application under Section 457 Cr.P.C. seeking release of 54 bags of black jaggary containing 39 Kgs each seized in Cr.No.203/2012 of Parkal Police Station, Warangal District, the learned Magistrate vide impugned order dismissed the same on the ground that the trial Court has no jurisdiction to entertain the impugned application.

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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.

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

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6. Considering these circumstances, interim custody of 54 bags of black jaggery seized in the above referred crime shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.10,000/- (Rupees ten thousand only) with one surety to the satisfaction of the trial Court.

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Accordingly, the Criminal Revision Case is allowed. 7. Miscellaneous petitions filed in this revision, if any, shall stand closed.

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______________________ JUSTICE RAJA ELANGO 15^th October, 2012 sj

Chidirala Devender v. The State of Ap.

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Chidirala Devender v. The State of Ap.

Case brief

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