Revision appeal against the rejection of an application for interim release of seized black jaggery. The court allowed custody upon execution of a personal bond.
Interim custody of 75 bags of black jaggery entrusted to the petitioner upon execution of a personal bond of Rs. 75,000.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2194 OF 2015
ORDER:
The petitioner filed the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 29.08.2015 passed in C.F.R.No.4084 of 2015 in Crime No.410 of 2015-16 by the Judicial Magistrate of First Class, Chintalapudi.
Heard and perused the material available on record.
When petitioner approached the Court below with impugned application under Section 451 Cr.P.C. seeking release of seized property in the above crime i.e., 75 bags of black jaggery (each bag contains 50 kgs), the learned Magistrate vide impugned order returned the same.
Learned Counsel for the petitioner submitted that the Court below has jurisdiction to entertain the above Crl.M.P. and direct the authorities concerned to release the property and that the value of the seized property 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 crime is not a prohibited article under any law and its possession is also not barred by the provisions of any Statute.
Considering these circumstances, interim custody of 75 bags of black jaggery seized in the above referred crime shall be entrusted to the interim custody of the petitioner on her execution of a personal bond for a sum of Rs.75,000/- (Rupees Seventy five thousand only) to the satisfaction of the Judicial Magistrate of First Class at Chintalapudi.
Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions filed in this revision, if any, shall stand closed.
______________ RAJA ELANGO, J
Date: 06.10.2015 KTL
1 issue framed by the court
Whether the petitioner is entitled to interim custody of seized bags of black jaggery.
3 provisions across 1 enactments
Petitioner
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
