Single judge granted criminal revision seeking interim custody of 5980 kgs of black jaggery seized during prohibition proceedings, as the article is not prohibited by law and poses risk of value diminution if kept in police custody.
Interim custody of 5980 kgs of black jaggery granted upon execution of a personal bond for Rs. 1,50,000.
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HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2248 of 2012
ORDER:
Petitioner filed this Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the docket order dated 6.11.2012 passed in C.F.R.No.4360 of 2012 in C.O.R.No.407 of 2012-13 by the Judicial First Class Magistrate at Jagtial, Karimnagar District.
Heard.
The petitioner approached the trial Court with the impugned application seeking release of 5980 kgs of black jaggery seized in C.O.R.No.407 of 2012-13 of Dharmapuri Prohibition & Excise Station, Karimnagar District and the trial Court returned the same on the ground that it has no jurisdiction to entertain the impugned application.
Learned Counsel for the petitioner submitted that the value of the seized stock will be diminished if it is kept idle in the premises of Prohibition & Excise station.
Admittedly, black jaggery seized from the possession of the petitioner in the above referred case is not prohibited article under any law and its possession is also not barred by the provisions of any Statute.
Considering these circumstances, interim custody of 5980 kgs of black jaggery seized in the above referred case shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) before the trial Court.
Accordingly, the Criminal Revision Case is allowed. Consequently, the miscellaneous petitions, if any pending in this revision, shall stand closed.
_________________ Justice Raja Elango
Dated: 9.11.2012 Nn.
HONOURABLE SRI JUSTICE RAJA ELANGO
Crl.R.C. No.2248 of 2012
09.11.2012
Nn.
2 issues framed by the court
Whether the trial court had jurisdiction to entertain the application for release of seized stock of black jaggery.
Whether the petitioner is eligible for interim custody of the seized non-prohibited stock.
1 provisions across 1 enactments
Petitioner
Justice Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
