Andhra Pradesh High Court - Amravati
Kunchanapalli Bala Nagaraju vs The State Of Andhra Pradesh on 10 December, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5713 OF 2020
ORDER:-
This Criminal Petition is filed seeking release of the tobacco products that were seized from the possession of the petitioner in Crime No.339 of 2019 of Narasaraopet II Town Police Station of Guntur District.
2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
3. The petitioner is the accused in Crime No.339 of 2019 of Narasaraopet II Town Police Station, Guntur District. A case under Sections 188, 272, 273, 420 of the Indian Penal Code, 1860 and under Sections 58, 59 and 63 of the Food Safety and Standards Act, 2006 (for short "F.S.S. Act") was registered against him in the above crime.
4. The petitioner has filed Criminal Petition No.239 of 2020 before this Court seeking quash of the said F.I.R. This Court by a common order dated 05-03-2020, quashed the said F.I.R. along with F.I.Rs in other crimes. Therefore, since the F.I.R. registered against him was quashed by this Court, the petitioner is entitled for custody of the tobacco products that were seized from his possession in the above crime.
5. In the result, this Criminal Petition is allowed. The Station House Officer of Narasaraopet II Town Police Station, Guntur District, is hereby directed to give custody of the tobacco products seized from the possession of the petitioner in the 2 above crime, to the petitioner on proper identification and acknowledgment.
Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 10-12-2020 ARR 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.5713 OF 2020 Date : 10-12-2020 ARR