Andhra Pradesh High Court - Amravati
Piiia Venkateswara Rao, vs State Of Andhra Pradesh on 3 February, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
WEDNESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: we THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION NO: 4790 OF 2020 Between: Pilla Venkateswara Rao, S/o Chalapathi Rao, Owner- PVR Chalapathi Metal Industries Magazine, Sy. No. 240/A, Perecharla Village, Medikonduru: Mandal, R/o Flat No.201, Ranjitha Grand Apartment, Rajendra Nagar 2" |ine, Pattabhipuram, Guntur. PETITIONER/ (PETITIONER/ACCUSED/ OWNER OF THE PROPERTY) _ AND State of Andhra Pradesh, rep by the Public Prosecutor High Court of A.P, Amaravati through SHO, Medikonduru P.S Medikonduru, Guntur District. ...RESPONDENT (RESPONDENT/COMPLAINANT) Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to Quash order dt. 08-10-2020 passed in Crl.M.P.No. 393 / 2020 filed U/s. 451 Cr.P.C in Cr. No. 393 of 2020 of Medikonduru P.S registered U/s. 9(B)(3)b of Explosives Act on the file of V Additional Junior Civil Judge, Guntur. IA NO: 1 OF 2020 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to direct the respondent / police to open the Magazine rooms of the petitioner, which are under their lock and key and permit him to carry on the business in PVR Chalapathi Metal Industries Magazine in Sy. No. 240/A of Perecharla Village, Medikonduru Mandal pending disposal of the Quash Petition by this Hon'ble Court, pending disposal of CRLP 4790 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof, and the Order of the High Court dated 22.10.2020 made herein and upon hearing the arguments of Sri M Chalapati Rao, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following. ORDER:
"Earlier at request of learned Public Prosecutor to seek instructions whether the police have complied with Rule 179(3) of the Explosives Rules as ordered by this Court on 21.12.2020, the matter is posted to this day. Learned Public Prosecutor would submit that Rule 179(3) of the Explosives Rules contemplates that the Chief Controller is the competent authority to seize the property and if any authority other than the Chief Controller, seized the property that he has to inform the said fact to the Chief Controller by way of Telegram and such explosives which are seized shall be stored up in an isolated place under adequate guard until examination by the Chief Controller and until instructions are received from him in this regard.
It is not clarified by the prosecution whether the Inspector of Police, who has actually seized the property, informed the factum of seizure to the Chief / Controller, who is in Chennai, or not. Therefore, this Court is of the considered / view that in the said facts and circumstances of the case, a direction to the respondentipolice officials to comply with the procedure completed under Rule f 479 of the Explosives Rules would suffice. Therefore, the respondent/police officials are hereby directed to follow the procedure contemplated under Rule 179 of the Explosives Rules relating to the property, which is required to be stored up in an isolated place till the same is dealt with by the Chief Controller as per the procedure contemplated under the said rules.
Be that as it may, since the request of the petitioner in this petition is only to permit him to proceed with the business in his premises, learned Public Prosecutor would submit that the prosecution has no objection to permit the petitioner to proceed with the business in his premises while dealing with the property that was seized as per the procedure contemplated under Rule 179 of the Explosives Rules.
Therefore, in that view of the matter as the prosecution has now no objection to permit the petitioner to proceed with the business in his premises, the petitioner is hereby permitted to carry on his business activity in the premises in question. The Inspector of Police is hereby directed to hand over the keys relating to the business premises of the petitioner to the petitioner to enable him to carry on the business as permitted by this Court.
The main issue in the Criminal Petition relating to seizure of property would be dealt with later on after the Chief Controller deals the matter in terms of Rule 179 of the Explosives Rules. a ok -
Sd/-Ch.V.Subramanya Sarma ASSISTANT REGISTRAR Cow SECTION OFFICER Post the matter after four (4) weeks.
I(TRUE COPY// Fol To, The V Additional Junior Civil Judge, Guntur. -- The Station House Officer Medikonduru Police Station, Medikonduru, Guntur District. a One CC to Sri. M Chalapati Rao, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] ~~ One spare copy.
Nh = nese oak & _cennpan eSATA SEES ERED IIIA EN HIGH COURT CMR,J DATED:03/02/2021 POST THE MATTER AFTER FOUR (4) WEEKS ORDER CRLP.No.4790 of 2020 INTERIM DIRECTION