In this criminal revision case, the court allowed the petition for interim custody of 9250 kgs of black jaggery seized in a prohibition case, as the article is not prohibited and possessed value.
Interim custody of 9250 kgs of black jaggery entrusted to petitioner upon execution of a personal bond for Rs. 1,85,000/-
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THE HONOURABLE SRI JUSTICE RAJA ELANGO
Criminal Revision Case No.2020 of 2015
ORDER:
The petitioner filed this Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the return endorsement dated 08-09-2015 passed in C.F.R.No.2520 of 2015 in PCOR No.605/2015-16 by the Judicial First Class Magistrate at Wanaparthy.
Heard and perused.
The petitioner approached the trial Court with the impugned application seeking release of 9250 kgs of black jaggery seized in PCOR No.605/2015-16 of Wanaparthy Prohibition & Excise Station, Mahaboobnagar District and the trial Court returned the same.
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 9250 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.1,85,000/- (Rupees One Lakh Eighty Five 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
01st October, 2015.
skmr
1 issue framed by the court
Whether interim custody of seized black jaggery may be delivered to the petitioner upon execution of a bond.
1 provisions across 1 enactments
The Petitioner
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
