Andhra Pradesh High Court - Amravati
Sanka Anil Kumar vs State Of Andhra Pradesh, on 20 October, 2020
Author: K. Suresh Reddy
Bench: K. Suresh Reddy
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL REVISION CASE No.200 OF 2020
ORDER:
This Criminal Revision Case is filed against the order dated 22.1.2020 passed in CFR No.8345 of 2019 in Cr.No.422 of 2019 on the file of the Court of Additional Junior Civil Judge, Mangalagiri, whereby the petition filed under sections 451 and 457 of Code of Criminal Procedure, 1973, by the petitioner/ owner, seeking interim custody of the fire crackers in Cr.No.422 of 2019 on the file of Mangalagiri Town Police Station, is dismissed.
2. Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondents 1 & 2 and learned counsel for the respondents 3 to 8.
3. Brief facts of the case are that on 24.10.2019 at about 8.00 pm., near Ghee Factory, Penumaka Road, Yerrubalem village, Mangalagiri Mandal, while the license holder of the shop in the name and style of New Balaji Fireworks Crackers, transporting the firecrackers in five lorries without having bills, police intercepted those lorries, seized the said fire crackers under the cover of mediatornama. Basing on the said mediatornama, police registered a case in Cr.No.422 of 2019 on the file of Mangalagiri Town P.S., for the offences under section 286 of IPC and Section 5 of Explosives Substances Act, 1908. Thereafter, the petitioner being the owner of the said property, filed a petition in CFR.8345 of 2019 before the learned Additional Junior Civil Judge, Mangalagiri, seeking interim custody of the said property as they are perishable in nature. The learned Magistrate dismissed the said petition by its orders, dated 22.1.2020. Aggrieved by the same, the petitioner filed the present revision case seeking interim custody of those firecrackers. 2
4. Learned counsel for the petitioner submits that the petitioner has filed bills evidencing that he is the owner of the said fire crackers worth Rs.10,58,049/-. He further submits that the petitioner has also filed FSL report, which shows that the seized material are only firecrackers, but not explosives and they are not prohibited material. He further pointed out that firecrackers have been seized by the police on 24.10.2019 and already he has got huge loss in his business and therefore, prayed to release of the said firecrackers.
5. Learned Additional Public Prosecutor did not dispute the same.
6. Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner, as the seized property are only firecrackers, but not any explosive material and as the petitioner produced all the bills and also FSL report, this Court is of the considered view that the seized material can be given interim custody to the petitioner by imposing conditions.
7. In that view of the matter, the Criminal Revision Case is allowed and the order, dated 22.1.2020 passed in CFR No.8345 of 2019 in Cr.No.422 of 2019 on the file of the Court of Additional Junior Civil Judge, Mangalagiri, is hereby set aside. Accordingly, fire crackers seized in Cr.No.422 of 2019 of Mangalagiri Town P.S., are directed to be released in favour of the petitioner on his furnishing immovable property security to the value of the said crackers worth Rs.10,58,049/- to the satisfaction of the learned Additional Junior Civil Judge, Mangalagiri.
As a sequel, the miscellaneous applications, if any pending, shall stand closed.
_______________________ K. SURESH REDDY, J 20th October, 2020.
RPD.
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THE HON'BLE SRI JUSTICE K. SURESH REDDY CRIMINAL REVISION CASE No.200 OF 2020 Dated : 20-10-2020 RPD