HON'BLE Dr. JUSTICE K.G. SHANKAR Crl.R.C.No.999 of 2014 Date: 29.04.2014 Between:
Yedamakanti Ravi .. Petitioner/ Owner of the Stock AND The State of A.P., through S.H.O., Mahabubabad Proh. and Excise Station, Warangal District, rep.by Public Prosecutor, High Court, Hyderabad.
and another. .. Respondents HON'BLE Dr. JUSTICE K.G.SHANKAR Crl.R.C.No.999 of 2014 JUDGMENT:
The petitioner assails the order of the trial Court in returning the petition filed by the petitioner for interim custody of the movable property. The petitioner allegedly committed the offences under Section 7 (A) read with Section 8 (e) of A.P. Prohibition Act, 1995 and read with Section 34 (e) of A.P. Excise Act for transporting black jaggery illegally.
The petitioner is a businessman. He proposes to sell the black jaggery. It is not the case of the prosecution that the jaggery is adulterated jaggery.
I, therefore, deem it appropriate to order the interim custody of jaggery subject to deposit of the amount covered by the jaggery together with a personal bond for the said amount.
At this stage, the learned counsel for the petitioner submitted that part of jaggery has already been spoiled and is of no use and therefore, the petitioner may be permitted to furnish bank guarantee instead of depositing the amount.
In view of the representation of the learned counsel for the petitioner and having regard to the circumstances of the case, the Criminal Revision Case is allowed.
The petitioner is granted interim custody of the jaggery seized by the concerned officials on a personal bond of Rs.40,000/- (Rupees forty thousand only) together with bank guarantee for Rs.40,000/- (Rupees forty thousand only) to the satisfaction of the trial Court. In the event the petitioner ultimately fails in the case, the bank guarantee shall stand confiscated to the State. Miscellaneous petitions, if any pending in this revision, shall stand closed.
Dr. JUSTICE K.G. SHANKAR Date: 29.04.2014 Isn