Criminal petition seeking release of seized jaggery stock. Court granted interim custody given perishable nature and lack of adulteration claim, subject to personal bond and proof of ownership.
Granted interim custody of seized jaggery by executing a personal bond of Rs.60,000/- and furnishing proof of ownership.
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THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.8190 OF 2016
ORDER:
This petition is filed seeking to direct the Deputy Commissioner of Prohibition and Excise Station, Karimnagar, to direct the Station House Officer, Yellareddy Police Station, Karimnagar District, to forthwith release the stock i.e., 56 bags of black jaggery each containing 43 Kgs., worth Rs.56,200/- seized in Cr.No.60 of 2016. The petitioner/accused allegedly committed the offence under Section 34 (e) of A.P. Excise Act, 1968.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner/accused is engaged in the business of purchase and sale of jaggery and other grocery items. It is not the case of the prosecution that the seized jaggery is adulterated. I, therefore, deem it appropriate to order interim custody of seized jaggery, which is perishable in nature.
4. Accordingly, the Criminal Petition is disposed of. Subject to the final orders to be passed in the main
case, the petitioner/accused is granted interim custody of the seized jaggery by the concerned officials on his executing a personal bond of Rs.60,000/- (Rupees sixty thousand only) and on furnishing proof of ownership of the seized property.
Miscellaneous petitions, if any, pending in this petition, shall stand closed.
__________________ M.S.K.JAISWAL, J
June 13, 2016 MD
1 provisions across 1 enactments
Petitioner/accused
State
M.S.K.JAISWAL
As recorded by the court registry
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