Criminal Petition under Section 482 read with 451 Cr.P.C. praying to direct the Station House Officer, Karepally Police Station, Khammam District, to release the stocks i.e., 11 quintals (22 bags of black jaggery) and one quintal of alum, which was seized in Crime No.116 of 2012.= Mere possession of black jaggery and alum by itself is not an offence punishable under any one of the provisions of the Andhra Pradesh Excise Act. It must be shown that the petitioner was knowingly selling the black jaggery and alum to the persons involved in distilling illicit liquor. There is no such material collected against the petitioner. Petitioner is having a valid license for doing the business of black jaggery alum. 4. Considering these aspects, interim custody of 11 quintals (22 bags of black jaggery) and one quintal of alum, which was seized in Crime No.116 of 2012 of Karepally Town Police Station, Khammam District, shall be given to the petitioner on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties of the like sum each to the satisfaction of Judicial First Class Magistrate at Yellandu.

on

CRLP 8 / 2013

CRLPSR 28 / 2013
PETITIONERRESPONDENT
RAYALA BIKSHAM  VSTHE STATE OF AP.,
PET.ADV. : KASI NAGESWARA RAORESP.ADV. : PUBLIC PROSECUTOR
SUBJECT: U/s.482 Cr.p.c Other offences not covered(Misc.)DISTRICT:  KHAMMAM
FILING DATE:  02-01-2013POSTING STAGE :  FOR ADMISSIONDISPOSED ON  :  03-01-2013  ANC
REG. DATE    :   02-01-2013LISTING DATE :  03-01-2013STATUS   :  ---------
HON'BLE JUDGE(S):K.C.BHANU    


THE HON'BLE SRI JUSTICE K.C.BHANU

CRIMINAL PETITION NO.8 OF 2013

ORDER:

          The petitioner filed this Criminal Petition under Section 482 read with 451 Cr.P.C. praying to direct the Station House Officer, Karepally Police Station, Khammam District, to release the stocks i.e., 11 quintals (22 bags of black jaggery) and one quintal of alum, which was seized in Crime No.116 of 2012.
2.       Heard.
3.       Mere possession of black jaggery and alum by itself is not an offence punishable under any one of the provisions of the Andhra Pradesh Excise Act.  It must be shown that the petitioner was knowingly selling the black jaggery and alum to the persons involved in distilling illicit liquor.  There is no such material collected against the petitioner.  Petitioner is having a valid license for doing the business of black jaggery alum.
4.       Considering these aspects, interim custody of 11 quintals (22 bags of black jaggery) and one quintal of alum, which was seized in Crime No.116 of 2012 of Karepally Town Police Station, Khammam District, shall be given to the petitioner on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties of the like sum each to the satisfaction of Judicial First Class Magistrate at Yellandu.
5.       The Criminal Petition is, accordingly, allowed.  Miscellaneous petitions, if any, pending shall stand closed.

_____________
(K.C.BHANU, J)
3rd January 2013
RRB

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