Andhra Pradesh High Court - Amravati
Billa Peraiah vs The Public Prosecutor on 25 November, 2021
Author: D. Ramesh
Bench: D. Ramesh
THE HON'BLE SRI JUSTICE D. RAMESH
CRIMINAL PETITION No.6544 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking release the property except Ganja and liquor bottles to the petitioner worth of Rs.35,600/-, Motor cycle bearing No.AP 16 CD 7884 Hero Passion Pro and MI Cam Phone 1.(IMEI No.863081040220820, 863081040220838) which were seized in pursuance of Crime No.336 of 2020 of Chandarlapadu Police, KrishnaDistrict.
2. It is seen from the record that Crime No.336 of 2020 of Chandarlapadu Police, Krishna District was registered against the petitioner for the offences punishable under Sections.328, 269, 270, 273 r/w 34 of IPC under Sections.5(1), 22 of COTPA, Section.8(c) r/w 20(b)(ii)(c) of NDPS Act and under section 34(a) of APEA.
3. On a petition filed by the petitioner under Section 482 of Cr.P.C in Criminal Petition No.2173 of 2021 seeking quash of the said F.I.R. registered against him, the said F.I.R was quashed by this Court as per order dated 07.04.2021, while permitting the investigation agency to proceed with the investigation in respect of NDPS Act. Therefore, the petitioner is entitled for return of vehicle and property that was seized from his possession in connection with the above crime.
4. Resultantly, the Criminal Petition is allowed and the vehicle No.AP 16 CD 7884 Hero Passion Pro and MI Cam Phone 1.(IMEI 2 No.863081040220820, 863081040220838) were seized from the possession of the petitioner in the above crime, are ordered to be returned to the petitioner, on proper identification and acknowledgment.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
_____________________ JUSTICE D. RAMESH Date: 25.11.2021 EPS 3 THE HON'BLE SRI JUSTICE D. RAMESH 98 CRIMINAL PETITION No.6544 of 2021 Date: 25-11-2021 EPS