Dismissed

Banoth Krishna v. The State of Telangana

Telangana HC12 Jul 2021WP/15545/2021

Case brief

AI extract

What is this about?

The High Court dismissed this writ petition challenging the non-release of seized black jaggery stock. The Court observed the stock was already deposited before the lower Judicial Magistrate Court and granted liberty to the petitioner to file an application under Section 457 Cr.P.C. for release.

What did the court decide?

Petitioner granted liberty to file application under Section 457 Cr.P.C. before Court below for release of seized stock.

Banoth Krishna Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2021)

¶1

HIGH COURI FOR THE S] (s,;;;i 3]5,3i l5l#s,*f Ar HYDERABaD

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A/ONDAY, THE TWELFTH DAY OF JULY rwo rHousAND AND rwer.ril diE,

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PRESENT

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THE HON'BLE SRI JUSTICE K,LAKSHMAN

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WRIT P ETITI ONN o. 155450 F 2021

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Between:

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ifi-r:''#l:^ff^{:-f "l}?"'l#fil','^?.tg""',,?,u:i"es.;:;,Tx"?,,i:ffi} :rai5xi

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AND ...PET|T|oNER

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, U:..j:?[, "Jr]:gg?r" rep. by its principar Secretary, Excise Department, , 'Commissioner of prohibition and Excise Warangal, Warangat

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5lrir,.?."Orty

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3 The station House officer, parakar prohibition and Excise station, warangar Rural District.

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of IVlandamus declaring action of the 2nd respondenl in not passing/d irecting the 3rd respondent to release the Black jaggery stock totai 10750 Kgs that total value is Rs.1,07,5001 seized in COR No 185 of 2019, dated. 11-10-2019, seized of petitioner's stock was being illegal, arbitrary and unjust also Article j4, 19,21 and 300-A of the Constitution of lndia and consequently direct the 2nd respondent to order for release of the Black jaggery stock to the petitioner.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent hergin to issue orders directing the 3rd respondent to release the Black^jaggery Stock total 10750 Kgs that total value is Rs.1,07,500/- seized in COR No 185 of 2019, dated. 11-10-2019^pending disposal of the above writ^petition.

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Counsel for the Petitioner: SRI LAXMAIAH KANCHANI

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Counsel for the Respondents: GP FOR PROHIBITION^{& EXCISE}

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The Court made the following: ORDER

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THE HONOURABLE^{SRI JUSTICE K.LAKSHMAN}

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WRIT PE^{TITION No.15545oF 202L}

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ORDER:

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This Writ Petition is^{filed to declarethe action of the} second respondent^{in not directingthe third respondent to} release the black^jagg.ry of^{10750 kgs., seized in COR No.185} of 2079, as illegal and arbitrary.

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Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise.

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Learned Government Pleader for Prohibition and Excise, on instnrctions, would submit that the seized stock i.e., 10750 kgs., of black jaggery, 1350 kgs., of alum, 20 liters ol ID liquor and 1 kg., dry ganza was already deposited before the Court below vide CPR No,36 of 2O2l on O9.OZ.2O2\ . Therefore, the petitioner has to file an application under Section 457 of Cr.P.C., before the Court below for release of stock.

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In view of the said submission, this Writ petition is disposed of granting liberty to the petitioner to file appropriate application under Section 45T of Cr.p.C., belore the Court below seeking to reiease 10750 kgs., ofblackjaggery seized in COR No.185 of 2019. No order as to costs. pending Miscelianeous Petitions, if any, sha,ll aiso stan<i closed in the light of this final order.

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SD/.K.VENKAIAH ASSISTANT REGISTRAR ,TRUE COPY// Cjo SECTION OFFICER

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To, 1 The Principal Secretary, Excise Department, State of Telangana, Secretariat, Hyderabad

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2 The . Deputy Commissioner of Prohibition and Excise Warangal, Warangal

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3 The Station Housei Officer, Parakal Prohibition and Excise Station, Wa rangal Rural District.

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9ne^{CCto Sri Laxmaiah Kanchani,} Advocate tOpUCl 5. Two ccs to GP for prohibition ano Excise, Hidn'bourt ror tne state of relangana at Hyderabad. IOUTI

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Two CD Copiei. 7. One Spare Copy.

IVP

HIGH COURT

\ DATED:12t07t2021

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ORDER

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WP.No.15545 o12021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Banoth Krishna v. The State of Telangana

Case brief

What is this about?

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Banoth Krishna v. The State of Telangana

Case brief

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